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י
1
Hong Kory
1844
Voli
Foreign Office
Foreign Offic
се
1
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BAH
1
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3
orer
15 Houstong
RECES
JAN,
1844
Foreign Office,
January
RECORD
2.1844.
4
Sir,
α
I have laid before the Earl of Aberdeen Your Letter of the 21 at Ultimo, inclosing copy of a despatch from Sir Henry Pottinger respecting an application made to him on the part of
e part of the London Missionary Society for the grant of a Piece of Land at Hong Kong for an Anglo- (hinese follege; and calling,
Lord Aberdeen's attention to the
doubts expressed by Sir Henry Pottinger as to the propriety of allowing Her Majesty, Consuls in China to protect Persons seek to establish Schools
who m
may other similar destitutions in
•W. Hope rapp
any
part
२.
part of China in opposition to the wisher of the Chinese government and its Officers.
I am to request that You will acquaint Lord Starley that lord
Aberdeen would not consider it
advisable at present to give any special instruction to Sir Henry Pottinger upon this point. British Subjects in China, as in other
аб
parts of the world, are of course bound to respect the Laws of the Country in which
in which they reside;
and cannot complain if they suffer for an infraction of those Laws..
But as regards the conduct of
Persons
5
Cr
Persons in Her Majesty's Service, Lord
Stanley will perceive by the inclosed 2.92. Copy of a despatch which Lord
Aberdeen hav addressed
ed to fin
Heary Pottinger, that all Persons in the Consulates in thina will be made clearly to
Ingaged
understand that they must abstain from
in all active
interference in Misionary Pursuits.
Раш
Jave, fir,
Your most obedient
humble servant
Canning
!
ore
ffice
if nothing requires
In
Suecting
Anthony
прод
// Спас и
1. Colleges th
утр
Copy
2.92.
There is one
in 17 Hong Kong
✓ 6
Fo. Noor. 15. 181468.
0.0
JAN. 3
1844
point to which I not long sinces had
occasion to advert, bub to wheel I think it expedient
to
once more,
De iur. In
the settlement of the establish =
睿
-:ments in China . I mean the absolute recessity thats
to
>
all. Persone employed in the Consulates in Chena should be mare clearly to understand that they must abstain from all active interferences in Missionary pursuits. Wittent at all seeking undervalue the merits of those exemplary men who devote themselves to the propagation of Christianity among the furore people,
Cinere I cannot but consider that the utmost inconvenience might result to the Publick, of St. his Servants in Ema were to be allowed to associates themselves in such pursuits. It is easy to foresee that difficulties may and probably will arise from the zealous exertions of Missionaries :
Ѐ
Jay
; and it would be
very
inconvenient,
the least of it, if Her Majesty's Servants were to be considered by the Chinese Authorities,
or People, as engaged in proceedings which they
Sir Henry Pollinger Bart
th
might
ht consider to be ab variances with their
might
*
national feelinge & prejudices, and inimical to their religions tenets and institutions. By holding themselves aloof from the operations of thissionaries, Ht th's Servants
may
indeed be able to render them mi case
more effectual assistance than
of need they would
be able
to afford, of the Chinese Authorities and People
>
the whom
should be led to consider them as engaged in same work with the Missionaries against their feelings might be aroused, and their animosity directed.
I am te
(igned)
Aber.
A
7
Office
Copy.
7.0. November 15. 1043.
To Per Houry Pottingen
ho. 92.
!
}
26 Jun. 144.
fir,
REC
140
Hong
1 Foreign Office,
JAN. 20
1844
January 19. 1844.
8
Stanley
I am directed by the Earl of Aberdeen to request that you will nove Lord fo to have the goodness to communicate to His lordship a copy of the Instructions under Her Majesty's Royal Sign Manual which accompanied the Commission
by Her M.
granted by
Majesty to fir
He
Кенгур
Pottinger as governor of Hong Kong. -
Lord Aberdeen concludes that
Her Majesty's Instructions to bir Henry Pottinger's successor will correspond with those given to Sir Henry Pottinger
himself
• W. Hope sep
$
9
himself; but if any
alterations should
be made in this respect, His Lordship
would be glad eventually to be made
acquainted
ainted with them.
Jam fir,
Jam,
Your most obedient
humble Servant
bering
26th January 1844.
The Viscount Camning
Burning My Lord
1844
Santh and When 23
24
Lomonly 24
am
Having laist before Ford Stanley your letter of the 19th instant! I aur directed by his
by Lordship to transmit
you, for information of Earl of Aberdeen,
to
a cofing off. Sustin tes
the
the
th
tions under
the Royal Sigen Mammal and Signet which
accompained the Commission under the Great Seat
appointing May:
11
or
General Sir Henry Pollinger to be Governor and
Commander in
Chief of the Colony
of Hong Kong I have.
10
11
ore
And cleaning.
required laher
219 Hong
RECEIVED
FER O 1844
Foreign Office
མ་
12
14.12
Pir
February s
5-6044
Letter of the 217
With reference to your
December last, I am directed by the Earl
of Aberdeen to transmit to you, for the information ofLord Stanley, alopy of a
Despatch which Lord Aberdeen has addressed.
to Sir Stewry Pottinger on the subject of the operations of Missionary Societies in (fina,
Y. W. Hopeles
I
am,
Your
or
Sir,
most obedient
humble servant,
Allehderingston.
ON
=
сору
he/2.
für,
219 Mongtop
RECEIVED
FEB. 6
13
Foreign office, Federing s. 1844.
Lord Stanley has communicated to
me a copy of your despatch to this Lordship 2. 13. of the 22nd of august last, reporting Your communications with the Agents of the London Missionary Society in conx
s sequence of
their wish to obtain a
Srant fland in Hongkong for the purposes of the Society; and I have since received your despatch he115. of the 2nd JSeptember, inclosing
Copy of
a
Letter Which You
had
а
caused to be addressed to those Partier
on the previous day, pointing out
Henry Pottinger, Bart, J&B.
to
14.3
དོ
1
14
ore
to them, with reference to an intimation contained in their Letter of the 18th of August
for an
any
こ
of the establishment of Schools in the Northern Posts of China besing contemplated bythstociety, thar the Trea ly of hanking did not provide
such measures, and that; pending the receipt of mistructions from homes, the protection and support of H: this Consuls could not be extended to the operations of the Society in the event of any objections seng started by the fort of China ar by its Officer, to those operations being carried on. I have to acquaint you, in reply, thint which you : foot approve. gave to these parties as above stated; and
your opinion that At: 12;
4: MI
that they
the answer to
concur in con
an
which Gort could not resist
any objections the Chinese fort may advance against the interferences of Missionaries with the roligin of the people of China. I trust
or education
disposition
по до
however that there would be no
on the part of the members of the Society,
& persist after due warning, in disregarding
the wishes of the Ehmeres Authorities in this
respect, and that no occasion will arwe) in
which the necessity of providing for the safety of the British Community at large,
render
or the risk of compromising the continuance of friendly relations with (Bena, may it indispensables for the cheef Britick Authority in China & resort to the extreme measure adverted to in the close of yours letter, of requiring these man,
any other partis to quit the Quises Zernitary altogether.
Since the receipt of your despatch I have interview, at then regness; with deputation of the London Missionary Society,
a
had an
an.
d
I pointed out to them that it would be advisable for them to abstain, at ale events for the present, from any attempts to extend the operations of the Society begend the limits of the Soland
the Soland op stongkang, and not to rich exciting the suspicion
anime
risk
ity of the finese Anthonties or Scople by any premature exertions to
obtain.
on
:|
!
៩ វ
obtain a footing in the Cheneses Tewiting; wheles if their proceedings in Hongkong
itself were conducted with moderation and
attended with success, the reports which might seach the Authorities of the Emperor of China of the salutary effect of their exertions might dispose those Authontier to admit of
aw extension of their operations beyond the limit of British Parisdiction ведено or protecten .
At the same time, however, H. Mi fut cannot but hope that the day is not far-
distant when the Chinese will be willing
до
and to
7
to view without jealousy the entrance of Mifsimaries into their Country, receive with favour, and perpit by, the
of Christianity.
doctrines
I am te
(Signed) Aberdeen
15
1
|
232
។
although.
h. Safe
that Stir an
td to hd. Davis
inded, I will reach him dically from the Foncipi ffir
میرا
It doesart onew to the
крем
i
do.
á tu
247 Hon Kor
to hans mich to
RECENEL
FER 14 1844
directed
yo
16
Foreign office, Volmary 13.-1806
The tart of Abeuden
by herewith, for
a
information of Lord Stanley. letter from Webavis neputing
the
Copy of in
his
لت
1.-
I allowances on proceeding to think, with
a lopy of
Mie
andwe
which has been
Copy-of
that
returned to W Dairs, and a
heller to the Century requesting
a
the Seene
One
thens and Pounds may
be isened to be Fairs by way of sitpit
in his character
1
of
The Majesty's
Plenipotentiary and Chief Euperintendent of British Bade in china.
Zenge W. Hope Ger
With
With regard to her Bairs's application
that his Salary may
day of
crumence
pune the
his departure from this Corniley, it is right that Lord Stanley should be informed that the allowance
thensand Pounds
a
Year
of
Lir
46.
which Sie Heung
Pothinger enjoys, does not appear
in any
Estimate, bring paid out of the fait
Contingencies
at au
Allowance
en a)
Spaniel lipen, and that his Benny
Pottingen will be entitled to the full-
proportion of
thind allowance until his
that
Special likein terminates by his return
to this brentry, supposing
delay
acurs
on
мо
lume
necessary.
b
his part in returning
begland after being relieved by Mer
Davis.
Eam, Lei,
you huntleterrent,
most obedient.
t
17
!
Men
Office
Copy.
The
My Lord,
in 247 Bruge
73. Portland Place,
January
9.0.
18
ED
26.1844.3 14
#54-54
In communicating to Sir Henry Pottinger that his allowance would be £6,000. per
A n nuw
Lord Palmerston added_"This
allowance will commence from the day
of your departure from this country.
Jor china - You will also receive a sum of £2,000. as an allowance for defraying the expences of Your quipment and outfht " proceeding to Your Post." May 15.1841.812.
on
Як а. ка
a su
subsequent Letter from the Under Secretary of State, it is further
added _ "Jam directed
(in
6 by Wis Lordship
that You
&
to acquaint You ( in reply) that
are a
authorized to charge to the
account of Your mision
contingent acco
J.
Earl of Aberdeen. K. T.
Whatever
hottery
" fccurti legure she due Where he ilver - this interity tothew theat
m yg n j mj
a. de fft oun
reshap
ん
We
ti
ле
Gum
ރމ ފލމ މި
dur fort ble but
While the Thamany sub-
the five
مهنا
cuay
A Y
7
V V Z MY Q Q 1 z
}
Pored Office
#1
whatever Suner You may
disburse
in the payment of any expencer of Land and Sea which You
transport by
may incur", Lee - May 29, 1841. 2018. -
Itrust Your Lordship will
me
permit respectfully to claim
the same extra allowancer as
predecessor; and shavete
(signed) J. 7. Davis.
my
ག་
сору
G
19
key Lords,
Foreign Office,
February
12.1844.
I have the honour to acquaint your
Lordships that her Davis, whom the Queen has been pleased to appoint to be Her Majesty
Plenipotentiary in China, Chief superintendent
Залечнотор
of
of British Trade in China, and governs The Inland of Hong Kong, has represented to me that Sir Henry Pottinger,
proceeding to China,
was
allowed
& on
an
Outfit of £2,000. being One third of the amount of salary assigned to him; and Mr Davis has requested that a similar indulgence may
be extended
to himself on proceeding to discharge
каше
duties which have been
Lords Commissioners
the sa
дж
JH. M. Treasury.
imposed
F
OS
imposed upon Sir Stewry Pottinger._
Your Lordships.
are aware
that a
Salary of £6000. a year has been
assigned to mur davir, and that such
Salary will be borne upon
дека,
of the Colonial Office..
the Estimate
Sunderstand from Lord. Stanley
that it is inconsistent with the
practice of the Colonial Office to grant Putfits to fovernors; - but or the Salary assigned fixed at
to her Davis has been
at the sum of £6000. a
of £6000. a year in consideration of the several
which are united in his
Offices
person, dconceive that at leash
a portion of that salary, he
on a
نها
+
is entitled to receive such a sum
20
by way of outfit as he would have received if such portion had been borne on the Extimate of the Foreign
office.
The seem
of
£ 3000. a year
was
fixed in 1836. as the Salary to be rajoyed by the Chief Superintendent,
and propose that on that sums an allowance by way of outht
should be made to Mir Davis,
on the same principle on which diplomatick
lomatick and Consular
outfits are granted; namely One third of the yearly salary.
I have accordingly to request that Your Lordaliips will have the gooding to give directions that the sun £1000. be
ried to her Davis
be issued
ор
or
11
1
=
his assigns by way of outfit in his character of Her Majesty's Plenipotentiary and chief Superintendent of British Trade in China._
Shaves (signed) Aberdeen
•
جاه
Copy
The Lords Commies! Treasury.
7:0.
Jeby,
12.1844.
21
Capy
و
Theegn Office Feb. 13. 1844 22
I am ovrected by the Earl of Aberocon to acquaint you that Hi Lordship has been in `communication with LoroStanley on the
Infect of your application of the 26th of Jawr that you may
same allowances on proceeding to China as were
receive the
granted to Sir Her a gear shall commence
from
Pottinger: voit that your Salary of £6000 a
£6000 a year,
the day of your departure from this Country, that you may receivo & 2000 by way of Outfit, and that you may charge any expense of transport by land & sea which yon may incur.
gene
I am to state to you on the first place, that gons Salary of 28000 a year will be borne
- well be borne upon the Estimates of the Colonial office, and will be issued to yon by theat Department; and e gen therefore to recommend that you should address yourself to snottarley respecting the time at which is ifine to you
am
shall commence.
15
As regards the question of outfit, Lord Aberdeen has been informed by Lord Stanley that it is inconsistent with the practice of the Colonial Office to grant butfits to Governor. But as Lord Überdeen considers that the amount of salary which has been assigned to you, has been fixed, with reference to the several offices united in Your Person, His Lordship willing that the moiety of it thould be deemed to be paid to you in your character of theef inperintendent, acing the same sum which was assigned in 1856 to the Office of Cheep Superintendent, and that, in conformity with the principle observed in
Office with is prect to Outfits granted to the Diplomatic "fonsa lar Servants of the Coone,
third of that morely should be gran
h
J. F. Javis Eif.
thes
ted to you by
way
From
Copy
Mr Davis.
January
26.1844.
M
way of butfit and überdeen has accur
dingly requested the Lord's (mon"s of t. this Seca sang to shine & gon, or your lefsigns, of I 1000, by way of butfit, in your character of He has "lenspotentiary & Thief Superintendent of touchick Trade in China.
: pe Sum o
la
the
tis rigares the question of the expences of your braasport by
nd & sen, I am to state to gon that ared Aberdeen understand
from Lord Stanley that you will receive from this Colonial Office the sum of 6000 to enable you to meet the expeace of your proccding to (henā, and Hir Lordship there fore con seders that the only part of the question to which he has occasion to avvest in that which wlater to any expences of transpart
which me
Witto regard to any
by you,
sheh expences
I have to state to
:
8 gün
them, Lord
may be a curred by you after your arrivals in China. which may be incurred that of the performances of your puble duty requires that you should inour Aberdeen conceives that the charge should be borne by the In blic. In most cases, however, your passage from me place. 4 another will probably be afforded by one of tith's Ships of was, and the expencer there of will be claimed by the Officers comman ding such Ships, &
manner
M
>
the usual,
through the admiralty, but if many cases, you find it necessary actually to make a disbursement on account of passages in execution of the Public Service, In your capacity of Plenipotentiary &ffeef Superintendent, will be authorized to change the amount there
you
th
23
` your contingent account with this Office. bir teary Pottinger has probably made some arrangement on this point with regard to his transpach for the short Passages between Hongkong and Macas and fanton, more economical perhaps than an adherence to the naval regulations in this respect would admit of; and it would be adorable that you should ascertain what he has done, and follow
if it appears to be most advantageons to
the same course, the Public Lewice.
I am so
И. Regined) 4.4. Addington
:
3 མནྡྷནྡཱམག
The Wo
зад
leh
We 152
Extract to Aden
to Board.
י,
An
274 May 2
REC
CEASED Foreign Office,
FFR 15 1844
Lebruary 14. 1844
24
am directed by The Earl of Aberdeen to transmit to you, for the information of
Stanley Copies of a Despatch
loxwies
and its
-ures received from Sir Henry Pollinger,
calling
the attention of Nr.
Mazesty's Government
I swith reference to the subject of the leamons
Hospital at Hongkong,
Dn
which he has
written direct to Lord Stanley, to the propriety
of - some special rules being laid down with respect to distressed British Seamen to add that as it is
in China; and I am
GW. Hope Eug
presumed
Copy
To Mr. Davis.
Zo. Feb 13. 644,
소
ļ
བ་མས ན་བརྙ། ་་
presumed. thah
the homoialty
anz
In
communication to
these matters which
made by thes
may appear necessary will be made
Colonial Office, Copics of these Papers
have
not been sent to that Department from hence.
Jam,
25
your
most obedient.
humble servant,
AlleAshington.
" of the seaman's hospital referred to see 2.022d buughery
Jam not celticc's whetten
mechtseauren
the Identr
take c
departur
hele
그것
subsch
but
will
profully beings.
the papers go to the right the Birch trade
as to the loospital
720
работ
Tits 2öften
い
16
り
Ex
26
J. Barrow Mar 29 del 14 20
1844
Forwarded by FEBY
Stephen 21
21
Mr Hope Lord Stanley 22
& 8.6.14 les
Jardinsted f
Lord tuule, to hausmit Monherwitth, for the consideration of the Lord
Comme
of the Adul betrapts of despatch sie te parties Carl of addrepld.
Sto Aberdeen forwarded
certain
This Lordship to this Office Suggesting "regulations to prevent the future discharge of seamen from any of A. Meships in Hongthong
or any of the Chinese
Porti!
Adverting to thir
peculio circumstances
of Songthong and the Chinese Ports Lord tanke
Saites
}
7
i
would request tobe informed whether the Lords of the Admiralty reason toobject
Lee any
to thevicius entertained
ove
terdafest Whis M.
Pottinger.
thouse
1 Exteret J.G. S. Lefevre
R
1844
Forwarded by FEBY M2/2012/
Stephen st
M. Hope
31
12/
}
Lord Stanley 22
In 8.0.145
HongKory Lin
29 by 27 Sanidirected by
Loco Stanley Strammit
dows
toyou herewith, for the consideration of the Lord,
Committer of Pring
of the
I for
Сордора
Trade, the
Copy of a Despatch addressed tin A Pottingen to the Earl of Aberdeen and forwarded this Lordship tothes Office relative to the regulations to be. Enforced in regard to Merchant Leamen in
Hongkong and the Ports of Chirica.
Their Lordships with perceive that Sir A. Pottinger exprefer a strong opinion that
E
I
!
25
adverting to the peculiar
of Hong Kong and the Chiriere Empire the discharge of teamen in Phone Ports should be altogether prevented. Before takking any further Neferin the matter LordStanley would request to be informed whether the Lords of the Committee for Trade see
circumvestances
any
reason to
object
or te
to Sir St. Pottinger's views on this point- Miregulations & which The heopones to carrythone views nito effect. Havre
28
Enters Hughing and fur
I. J. Davis Exy Lin
No13.
--
7844
APn
Medisch S JEST PO 3
4
Honor EndStanley: 4
لا
lip 144.
Cofe & Lo
har
The rail of Aberdeen
communicated to
me the despatch which Lin & Pottinger addreped Whis Lordship
Nov. last, on
on the 20
th
the subject
of the Colonial Hospital at Songsong and the
Seamen discharge of British lan whether from Im Ships Merchant Vapels at приводал
or
Ports in the China Lear.
On the subject of the
Colonial Hospital Shave already with you
communicated
in reference to Sis St Pottinger's despatch
tomgret
of the 28 Nov? No 25 4 Mutil Inceive the fingther
to
information which I have directed you furnish I cannot come to any final decision ofer
:
}
17
1
it Inrespect to the discharge of seamen
лит
The China Ports Shave to
that thave
траси дале communicated with the
Lords Comm?
of the Rome
and that their Lordships
have in consequence
to the
ipced instruction, Naval Commanding Officer
in the China Lear brend hime in Repels of ther on
пр Fusports all puxous discharged from Im!
that portion of the
ou
2. I Station, andon no account Wallowang men so discharged to go ashore within the
Chinene. Territory. These
nistrcctions wit d apprchend completely meet Sir A Pottinger's
29.
wen
are concerned.
views as far as the teams oform havy and using seamen the ands Merchant
andother
или
degislative powers vested
зас
in you and gom fommit are wide enough
Suable
to
tomake all
jou necessary regulations for their government at Houghtony and in all Chinese Ports. I kave it, therefore, lyon
to introduce such regulations arexperime
shawlobe
may
нечерину
but Iuced hard Gimpres the importance
all interference
on Jour of avoiding
which i
mag
not be
absolutel indispensable.
andwhere it camest
be avoided of as framing
бас
measures as талич
Bgive
The least ground for cail complaint. You
ofcourse report to
or
with
me without top of time
regulations ang regulat
lations which
you may
Ju
Li
Establish
feet. Shaveze
on the
Heplising. All. Adding
With reference Dron
telleor the
havsmit
you
the 14 Lets Cast I amarceted ford tauley to commit to you herewith for the informeation of the Cauld Aberdeen, kifony opan hestuction which Lord Stanley intend, to addres
to Mr Davis in
answer to the suggestions rexpecting the regulation of
Seamen
или
of Arm Nam You
Mercheuse Vessels in Straflong & the Chimere Parts, contained in Sir Jr. P. Minger's Despatch thord Aberdeen of the 20 hod. Carl No 152.
Shave
No 13.-4 April /44
сору
Wo. 162.
My Lord,
274 H. Barch
30
Hongkong. Nov-20 1043.
Aquestion that seems
LIC
RECORD
h
me to require
the
carly consideration of H. Mi fort with a views to some more defined Regulations than
ней
these which are now in
- force being laid down,
and supported [ should it be found requisite"]
йверомид
by a special enactment of the Legislature,
Order in
Council ; arises from the number
unemployed British Seamen who
are.
at
or an
क्र
present at this place, at Macas, and [a few] at (husan, and perhaps other Ports in China,
I on
It si unnecessary for the to dwell fact, that the Laws and Rules regarding
this class of H : Mis Subjects which
have been hitherto thought to be suppicient
in all other parts of
Me East of Aberdeen 121.
火
the
Globe,
the
17
Globe, are
our
totally inapplicable to the peculiarities and circumstances of connection with the Chinese Empere, and I therefore think of right to take the earliest opportunity of making #: Mi's Goverment acquaintiv with what I have already
the subject, and likewise respectfully offering my opinions as to what remains to be done for the future.
Jone on
The accompanying Copy of a Notification which I issued
on the 45 of last month will shew that I have directed that the Provisions of the Merchant Seamen's Act shall be brought inh- operation in China, from & affter the first day of the casuing month of December, and I hope that this measure will in some degree, check the wiegularities which I have
but I pointed out in that notification; do not allow myself to expect, from the
with which the penalties can facility be evaded, and the difficulty which will attend their exforement in every instance,
That
Sext 2 fol. Off Der 16/42.
aware
31 that
that the step will be effectual.
your Lordship is, I presume, there has been for many years a Hospital for preign teamen at Maine. Previous to my arrival in China respectable Parsee to Merchant, of the name of Heer jethog
а
Ruston jee, generously gave a donation $12,000 to aid in supporting that excellent
Institution and as it was decided that it
should be removed to Hongkong [ or other British Settlement on the Coast of thine",
granted a piece of
a piece of land for a site for the buildings, but have not hitherto contribute.
in any degree on the public account to its
crection of maintenance.
Your Lordship will,
find
zn
In closures
2:52 6 of Capt Elliot's des pritch [ as Chief Superintendent ] of the 26th of June 1841, to the that the fullest information
as
objects of the Hospital, and also regarding Mr. Herjebhoy Rustomjees donation, of which, I understand, $8000 have been already expended.
On the 1.!t
of August last, I receives a Setter from Mr. Anderson, [ whom I
have
تومان
{
have since appointed to the situation of (olonial Turgeon) announcing that the Hossital was ready for the reception of patients. Of that Letter I beg to submit a
3. copy as published under date the 3? of that month, and likewise a Copy of a further notification dated the 16th of the same month. defining the rules to be observed with respect to the admission of British Merchant Seamen into the Hospital.
to
Since then it has become necessary defini zules for the nicharge of unemployed [or in other words destitute )] British Seamen from the Hospital, and the inclosed Transcripts of a Letter & its accompaniment
to Lient my authority
under
addressed Pedder Rh, Wthe Harbors Master &
magistrate of this Colony, on
Marine
the you mist,
will inform your dordships how that matter has been regulated.
as
I must that H: M's fort will approve reported, as for a of the arrangements now reported, they go,
but I repeat my conviction that something wither will be bound to be
recommend
indispensable, and I respectfully the following points for consideration.
ди
1.
that the right to discharge
British
२
حی
4
British Seamen is China, under =stances, or by any Authority, whatever,
be entirely abrogated.
any
should
2. That the preceding sale should be made applicable to all persons serving
on board
H: Mis or the E. J. Cys thisor ofWar.
serving
in H. M's or the
3. That when lessons to fered for a limited.
E. 9. C's Ships of War are
time, and that time may expire whichst the перев is on the China Itation, the persons entitled by their agreements, to be dricharged, should, unless they choose to re-enter, be sent to England at this public expence.
4. That when seamen are entertained. in India or
elsewhere [out of the United Kingdom] whether on board H. This or the 2. S. (ip Thips
Cys of War, or on board Merchant ships, that They should be sent back to England or the place whence they were brought at the
マ
purki Expence in the former case, and ot the expence of the burners or Consignees of the Vessels
22
the latter case.
5. That when seamen from Merchant Vessels have been sent to Hospital, and may not be pot to return to them duty when the Vepel to which they belong thate be ready to depart, the should not be allowed to sail until ample provision is made for
or
for the support and maintenance, as weld as eventual transmission tolugland elsewhere, of such seamen, and that in any case when Vepels may Landestinely depart, the Consignees or Owner should be held responsible for all Expences incurred in supporting such seamen, and likewise in
or to the sending them either to England, Port at which they were shipped by the Apel that brought them to China-
6 That if any master or Commander of a British Merchant leppel, that bring ang British Merchant Seamen to China, on any polen or pretence, but without enterting him on board such Vessel, the Master of fommander, or Owner or Consignee, shah be held responsible in the same degree with the said British Seamen had been regularly Shipped and entered in the Vepels Books. 7. That all the preceding rules, and
this
such others as
be established on
a summary
may subject should be, as far as Merchant Seamen are concerned, enforced by proceeding before any Britiol Instice of the Peace, whether such dustin of the Scau
shall be in St. In's Service or not.
Arthi
33
#: this fort with understand from the preceding enggestions, that my plan in to altogether prevent seamen from being discharged in China, and the nature of relations with this Gout appears to me to demand that such should be the Law. The seceforty for the Rules being made applicat to all persons serving in thefer of War, from a variety of cases, occurred to me, and has been more particularly forced the recent discharge.
on my
attention
by
has
at this place of the whole of the (rear of H. Mis Surveying Vessel "Starling" which repel has just been condemned & vold.
As that part of this despatch regarding the establishment of a Seamen's Hospital in this Irland is necessarily in some degree connected with the Colonial dept I shah be much obliged by your Lordships directing that a lopy of it may be forwarded to Lord Stanley, whom I am about toaddelf regarding an extension of the advantages of the Hoopital to all Bütick tubjects.
I am
(signed) Henry Pottingen
رحمة
i
GOVERNMENT NOTIFICATION.
With reference to the Government Notification, Red the 2d instant, announcing the intended early troduction of the provisions of the new Tariff and gulations for Trade at the remaining four Ports China, which are to be opened by treaty to oreign Cominerce, in addition to that of Canton; nd adverting to the great increase of intercourse ith, and resort of shipping to, China which may be pected to be the result of recent arrangements, as ell as to the necessity for strict and defined Rules hich springs from the arrangements, and more rticularly from certain stipulations which have een entered into between the High Contracting owers and inserted in a pending Supplementary Treaty, which will hereafter be published for gene- linformation, His Excelleney, Sir Henry Pottin- er, Bart., G. c. B, Her Britannic Majesty's Pleni- tentiary and Chief Superintendent of Trade &c. China considers it to be his imperative duty to the special attention of the Masters, Owners, d consignees of all Merchant Vessels, whatever ay be their class or description, sailing under Bri- h Colors, that may be at this time in the Seas, or aters, of China, or of Her Britannic Majesty's olony of Hongkong, or that may hereafter enter ese Seas or Waters, to the Law relating to Mer- jant Seamen as laid down in the Act of Parliament the 5th and 6th William tire IV. Chapter 19, ssed in the year 1835, and commonly called
"Sir mes Graham's Act."
in thus calling attention to the above described of Parliament, Her Majesty's Plenipotentiary Chief Superintendent of Trade deems it advis- to append to this Notification a brief Memoran- Showing the Penalties attached to certain
breaches or evasions of the said Act which have heretofore been of frequent, and almost daily, occur. rence in China, and from which much trouble and serious public inconvenience have resulted ; and to notify, that all Consular and other officers of the British Government in China. to whose duties it may appertain, will be instructed and authorized to summarily enforce the said Penalties, with regard to all Merchant Vessels, under British Colours, from and after the 1st day of December next in every instance where they may be proved to have been justly incurred; likewise that His Excellency the Naval Commander in Chief will be requested to is- sue the necessary instructions to the Captains and Commanders of all Her Majesty's, and the East India Company's, Ships of War and Steamers now, or hereafter, serving on the China station to aid and assist the said Consular and other officers in enforc-privity of Consul, twenty-five pounds.
Refusing to give certificate to seaman, without sufficient cause, five pounds.
Neglecting to make a return of the crew, extract- ed from the Muster Roll, twenty-five pounds.
Neglecting to make a return of the crew of vessels lost or sold abroad, made up to the time of loss or sale. twenty-five pounds.
Forcing on shore, and leaving behind any one of the crew, at home or abroad, punishable by fine and imprisonment.
ing the said Penalties, on receiving an official appli- cation, in writing, to that effect.
It is further notified, that the same rules are to be deemed applicable to the Ports of the military Posts of Tinghai (Chusan) and Koolangsoo, so long as those Posts may be garrisoned by Her Majesty's Combined Forces.
His Excellency the Chief Superintendent of Tra- de, &c, is also pleased to determine and declare, that when Vessels incur any af the Penalties and quit China before they can be enforced (in the case for instance of leaving any of the Crew behind, or discharging, or Shipping, Seamen without the sanc- tion of the Consular officer) the Consignees, should there be no Owners, of the Vessel shall be held re- sponsible, so far as the Law will permit; and that in every case where the Consignees may not be consi. dered to be legally responsible for the Acts of the Master of any Vessel consigned to them, the most decided steps will be taken to have the penalties, with all attendɗfit expenses, enforced and recovered by the proper Courts of Law, whether the veseel may belong to, or be found in the United Kingdom, or India, or any of the Colonies subject to Her Ma- jesty's, or the East India Company's Government.
Her Majesty's Chief Superintendent of Trade, &c. in China takes this occasion to further notify, that he has received a representation from the officers of the Government of China regarding a practice which is stated to obtain amongst the foreign ship- ping at Whampoa, of throwing stone and other descriptions of Ballast into the river at that an- chorage, and as such a practice would be likely to be still more dangerous and detrimental to the anchorages of the Ports of Shanghai, Ningpo. and Foochow foo, it is accordingly positively prohibited, as well at those Ports as at Whampoa; and Her Majesty's Consuls are hereby directed, enpowered, and authorized to fine the master of any vessel, under British Colours, that may be summarily cou- victed of a breach of this Rule, in a penalty of not less than ten pounds (£10) and not exceeding twenty five pounds (£25) according to the circumstances of the case. All masters of vessels who may have Ballast on board which they wish to get rid of, or who may require Ballast from the shore, are direct- ed to report and apply, to the Consular officer on the spot, who will have a convenient place fixed ou and pointed out, in the former case for its being de- posited, and in the latter from which it may be re- inoved.
By order of His Excellency Her Majesty's Pleni- potentiary and Chief Superintendent of the Trade, &c. &c., in China.
RICHARD WOOSNAM. Dated at Macao, 4th Oct. 1813.
MEMORANDUM,
Penatlies Liable to be incurred by the Masters or Owners of Vessel.
For carrying to sea any seaman without first entering into agreement, for every sucli seaman, ten pounds.
Neglecting to cause Agreement to be distinctly read over to each seaman, for every such neglect, five pounds.
Neglecting to deposith Collector or Comp- troller of Custom a tru of Agreement, or de- positing any false copy pounds.
Neglect or refusal to pay wages when due, forfeits two day's pay for every day so neglected.
Refusing to make immediate payment of wages when due, without sufficient cause, five pounds.
Discharging seamen abroad without sanction of Consul or other functionary, punishable as a mis- demeanor.
Neglecting to deposit Agreement with British Consul or Vice Consul on arrival at foreign port, twenty-five pounds.
Shipping seaman at a foreign port without the
Neglecting or refusing to produce Muster Roll and Agreement to any officer of any of her Majesty's ships, or to the Registrar, or any of his Assistants, offence, fifty pounds. or any Collector or other officer of Customs, every
Penalties Liable to be incurred by the Seamen, the amount of which may be stopped out of Wages due. Refusing to join the ship after signing Agreement, or absenting himself without leave, forty shillings, or thirty days imprisonment.
For temporary absence or neglect of duty, to for- feit two days pay for every 24 hours.
Quitting the ship without legal discharge, forfeits one month's pay.
Absolute desertion, forfeits all wages, ments, clothes, and effects, on board.
emolu-
N. B.-The Master on his arrival at any Foreign Port, where there shall be a British Consul or Vice- Consul, shall deliver the Agreement with his Ship's Crew, to such Consul or Vice-Consul, which shall be returned to him before leaving the Port.
34
Copy
Houghing. Hoverops,
From Sir Henry Pottanger
20.152.
4 Inclosures.
in
re
to
ΤΙΣ
Gi
ur
or
hc
of
te
to
in
of
lo
be
T
in
VE
th
at
W
}
ol
cc
al
ac
VI
tk
el
SAROS (c) Ö ́ ̈ ̃ Ä Äk
si
p:
Copy.
h
Macao. Aug. 1/43
4
RECEIVED
it advisable thach G:
Deeming it
#XB 15
1844
35
4. G. E. Should be informed of the progress & general arrangements of every public institution within the limits of your purisdiction, by denie of the Committee of management,
for the Seamen's Hospital I have the honor t intimate that the Building erected upon the ground taghing granted by for: for a Seamen's Hospital in is now ready for the reception of patients.
There is accommodation for about 50 Seamen convenience for the comfort of & Office in with
every the sick, and the excellence of the situation affords good prospect of its proving highly advantageous to then speedy recovery.
The terms of admission will be for Officen $1-50. and for seamen $0-75. per day, including board & lodging, with thedicines & medical attendance. I have also to acquaint G: 2: that the Committe have accepted
ted the offer of gratuitous medical attendance from Dr. Young, who will
the
assume the
dutics of Surgeon to the mistitution; and besides
regular & careful attention to the Patients within the Hospital, he will
he will give daily
attendance,
Sundays excepted, between the hours of or
and
Ser Henry Pottinger
and 9 a.m, when out door Patients will receive gratuitons adouce; the charger fors
medicines to out door Patients with be
moderate, and the receipts be appropriated to the support of the institution.
I have also the honor to intimate to
3 : E : that the Hospital, for Fegi Seamen in Macas with be closed, and no
Patients admitted after
I have to
this date,
(Signed) Alex: Anderson
More
By order of the (omm" of Management for the Seamen,
C
стру
Government Notipiation
274
36
H: E : the fovemer si pleased to direct that the annexed typy of Letter from
the Surgeon
265
charge of the therchant teamen's Hospital, and the Rules, thet have been laid down in consequence, forr
to the
the admission of seamen belonging British Merchant Service, into that inititution, be published for general information and
8 guidance By Bder
Ogned) Richard Worman
16.1043.
Hongkong.
Aug.
Copy
Hospital.
for;
Merchant Seamen's Hospital Victoria 14 Aug. 143.
may
With reference to such Persons as apply for admission to this Establishments on the plea of then benz bistre ford British Subjects, if with be necessary
a wutten request
that
they present a written
for admittance from some Person in
To R. Worsnam Ey
Authority
he
Authority, in order that the fort may held responsible for any expences thereby incurred.
have the goodness to inform the, convenience, who are the persons anthonged to sign sach requisitions
Wile you
at yout
I have to
(signed) Peter Gones sorgere.
Hees occasion
Bread an
seaman on
Rules to be observed until further Order for the admission of British Merchant Seamen into the Merchant leamens Hospitel at Honghey. 1. When the Master or other Person in charge of a Vesel other individual under his authority, to the Merchart seamen's Hospital, the said master or other person, so to apply
in the first instance to the Has bour Mather and Marine Magistrate who will refers the case to the (beting) (olonial Surgeon; and should
a proper the latter Officer consider the case a
one
for admission, he will certify accordingly, and send the Patient to the Hospital.
2. In all cases coming within the preceding rule, the Harbour Master will obtain an a acknowledgement in writing from the thaster of Person sending the Patient, or failing them, from the Owners or Consignees of the Vessel, that
his
f
!
his expences whilst
according
37
whilst in Hospital with be paid to the scale published in the Hongkong
Gazette of the 10th dust.
3. In cases where destitute (that is unemployed) British seamen may apply to the Harber tarter & Marie Magistrate the admitted to the Hospital, that officer is, in addition
1]
to referring that cases [as laid down in hale to the [Acting Colonial Surgeon, to ascertain all particulars regarding such applicants, according to a form that with be furnished for his guidance варот and to submit those particulare, together with the [ Acting ] Colonial Surgeon's opinion, for the information & commands of fast, it being oborously requisite & proper that street. & precautions should be taken to prevent & the Gropital the benefits of admission
beng abused, and that excellent mistitution anverted into a retreat for idle and worthless cherracters.
4. In cases of sudden & oboron's emergency any of the above rules may be dispensed with, either by the Harbor Masters Thame Magistrate or by the [deting ] Colonial Surgeon, nutil after the Patient shall be sent to the Hospital with a hoto addressed to the surgeon in charge and "headed "Emergent" "By order
(signed) A. Worsh
Poppy
1.102
Hongkong, hov = 1/43.
RECE
1844
Tam directed by #: 8: Sir H. Potting & Fo acknowledge there to
the
кордоно
X
seller of the op
38
last month, in which you stated thep a Seatran called Peter Sniclave, then in the therchant seamen's Hospital had been reported fit for duty's regnected to be motracted whether be was to be discharged immediately from the Hospital and if to dischargin whether he was to receive the allowance of a distresser and destitate: Bütish Seaman, nutil he could provide himself with the means of onbreitences.
your satsegnent letter dated the 6th mistant, stating that the above named senman had got a Verta on board a ships in the Harbour has likewire, beew
the recewid, but 4: E : thinker it a doriables & lay down the following rules by which you can regulates your proceedings in all future similar cases.
There rules with a Copy of this Letter will
ひと
likewise be published for general information and guidancer
counte
for will of distinctly understand thick the hule, now laid down are not in any degree to interfere with those promulgated on the
on the 16th of Augar
(trof
last respecting the admission of seamen to this merchant beamen's Hospital.
I have do
Sedder Sz 8.K.
C
Angkus.
(Aigned) Richard Warrnam.
was bour Master & Marmer Magsstrate.
Rules
3.
сора
In Sir H. Sottungers
hu 152
1843.
Aules regarding the dichage of destitate Bichich
the inerchant Seamen's Hospital,
Seamen
pone
1. British Merchantreamen may, for the sake of more strictly defining there rules, be considered to be of
have been serving two classes, viz't those who
may
on
4. board these direct from England _ Those who may have belonged to Vessels in the County, Colonial, or Courting Finde.
2. When a Seaman of the former class shall have been sent as a destitates Seaman to Hospital and is fit-to return to her duty, he shall be ordered on board
перев
the first refsel proceeding to England agreeables to the- Act of Parliament, and a Memorandum of the Expenses m'curred on him sent home, to be recovered from the Owners of the Ressel in which he was on
originally shipped.
belong
up to.
may 3. With respect & those Seamen who
case, that- to the latter class the expence of all may now be in Hospital or that may occur the first of Dee "next will be borne by the goot, but as from that day the penalties for breacher
of
the therchant Seamen's het are to be enforced, is announced in the Goot notification of the 4th
The Master, of be
br. pr. 1843, 30, in like manner, Owner or (on signee [where the Law with admit]
of the last repel from
Seaman may
destitute
which any have been regularly discharged
or left behind on any pretence, whether al
Hongking.
1
Hongkong Macas,
3.9
China,
both bramy or any other place in June,
wild boheld responsible & obliged, by a summary
signing and proceeding, to pay all Expences incurred on such Seamen, and without reference to
have served on
the period that he sach last vessel.
may
on board
Marters, Owners, and Consignees of all Vessels, wile therefore understand that i'addition to the Penalties laid down for infractions of the Merchants Seaman's heat, they will further be obliged & pay all expences of men whom they
Mischarge, and who found destitute, or who as destitute Seamen.
may
be
may afterwards
be sent & Hospital
may
4. Mi
order of H: E: H:Ms (Keef Sup" oftende
Вундет
in Bena.
(signed) Michard Wornam
>
4
20.152 of 1843.
In For Henry Pollinger's
i
40
FEB
.0.
11 Hergegn Office
1844
February -
241844.
Jam decelled by the Earl of 22
to hansmet to you the accompanying
the Dunich Minise,
a
Copy of a
Asses from.
at the fourt requesting.
to the British functionar
a recommccedation
in Chma in
favour of M. Hanson Governor of the
Danish popepions in the East Indies, and Sam to request that you will s
the
same before. Lord Stanley and move. hisum
The should see no objection,
win of he should see no
to cause & Hausen to be furnished with a accommendation to the Governor
of Hong Kong. -
sames Hephen 54.
Lami
hi
Gourmort obedient
humble rewant
bening.
Copy
*
topice.
Meydard,
341 Hong
donde
\
de
hon Gonre vieidi в
intention d'envoyer
1844
2.2.1
41
d7 Revrier 1941
niformer de von
Chuire Mr. Hanson,
Conseiller d'Etat et Gons: des popepsons Danoix,
aux
Inder bruistales, pour y
exacts
cnciller des
е
l'Etat actuel de
vensciqueneus
Commerce et de las navigation de ce pays
et pigeant, que rin ne pourrait plus
à lui failiter cette täcke que acmeil et l'apistance des fonctionnains
contribuer
le bon
Anglais
aux
meme Gouve
divers Ports de lathrine, ce
in 'a chargé de rolluiter-
la bienveillante entremture de V.d. à cet.
Dans le cas
que
V.S. voulûch brein,
ave
la bonte habituelle, accorder l'objet di
devin
lui
en
me
viens d'avoir l'honneur de que je
exprimers i
Elee
M
' oblegerant infiniment
Elee faisant connaitre, si tee voudra faire
expédier les recommandations désirées par
voie
directe
aux
en Chine
employés de Lite Britque on si Ille juges à propos de
M. le Comte d'Aberde
Me
да
are
les adreper po-
pour
que
je
les transmette
πνιγ
le ponich de
à Mr. Hansen qui est sur
quilter tranquebar pon
ronte
Je prie
&
(siqué) Neventtons
se mettre
Ес....
ރ
Entered
1. March 144
42
"literes Hampling, Manda por 2 I. F. Davis Ery Sin
16 N.
1844
Forwarded by FEBY Mr Murdock 29.
Stephen 29
M"Hope
Low! Stanley
70. letter 924
Jet 744
Japril
t
herewith the Copyop a
letter which has been
the See: of State
addressed to than of
for Wiche Aftains
Me Danish
Stacks & Mincester at their faut requesting
an introduction
to the British authorities in shine in favor of M Sanson Governor of the Danish Pope pions in the l. I. I have toregunt that if Mr Hanson should visit Hong long you with as governor of that
Colou
Estered backin
Those attentions and
that apistance which his station and the friendly relations subsisting
between his Godt and the Gortandte
would
of Great Bonitair quall Entitle him wespect.
Change
X
f.
---ייר
Copy
count Revellow
Jebruary 17. 104 ?
4.3
:
:
1
?
f
*
212.
17
L-
;
یکی پھیکی
44
ما بله
Sir,
I
али
to kausunt
RECENTED
MAR 2
1344
Foreign Office,
directed by the Carl
herewith, for
Љ
you
March 1.1844.
the Carl of Aberdeen
Ju
ltim
Copy of
information of Aud Stanky
the General Instructions which this Lorithipe
has as
to W Dairs
addrefed prounding Toshina to
Office of
hit
a
the
to apume
thee Majesty's Mimputentiary and
Chief Superintendent of British take.
Gerget. Hope Gage
Sam, sii
You
most obedient. humble servant.
All Addington
45
והח
*
hr. 4.
366 Hongkong bacige Offence.
to isme
RECENS
MAR. 2
XP.
10/46
"The Common's which Her Magisty has been pleased
on the occasion of your proceeding to China, and the full power under the great seal which It. Miz has likewise granted to you,
to you, and which are severa
ally, inclosed in my despatches WP ! 1.2 and 3, of this date, confer upon you full and sufficient authority for the execution of the duties which will devolve upon zon as It: Mi's Plexipotentiory and theep Superintendent of British Trade in China.
ก
you
to to
By the first commifsson which has beca isoned to you in
Powersbested pursuance of the Powers vested in the (rown by the Act of the. 3 2.4" Will : 10 : cap 98, Her My has apposuted to be theef Superintendent of the Frade of the subjects and from the Dominions of the Emperor of thma for the purpose of protecting & promoting such Trade; auditer thy
Emmission has like wire, in pursuance of
by
the same
the Act of the 6 & 7 Vect : C:80: made provision for thes event of a vacancy occurring
recurring in that office.
Roy the second Commission which has been issued to you in puronance of the last mentioned bet of the 62%. Vict. c. 80, Her My has been pleased & confer apson you long as you in your character of Superintendent, and so
shall also be Governor of the Island of Hongkong, to which office you
have been appointed by an Instrument which
the
дол
will receive from the Secretary of State for (lomat dept, power to enact, with the advice of the Legislative Council of that Island, all such Laws and brdinances as may from time to time be required for 5. M's Subjects The peace, order and good government of it.
being
J. J. Davis us
Kh
K
я
:
i
on
being within the dominions of the Emperor of China, being within any Ship or Vessel at a distance of not more than wo miles from the coast of China, and to enforce the execution of such Laws & Ordinances, by Penalties & Forfeitures . By the Fall Power under the Great Seal you are an
anthonzed. to heat of and arrange with any I. §. appointed by the Emperor of China, any matters which
may come into discussin between the Two frowns.
In addition to the Powers thus simparted. to you by specific instruments, the superintendence & Controul of "all It : M's Consular Servants in China is vested in your
and
cover authorized
are morcover a
an
Lands;
under the restrictions to
you limitations which you
"you will find recorded in various des pettes from theirs Office which will be made over to you by your Predecessor, to exercise a certain degree of contionl
M
over
will
f
state of
4: 92's Naval & Military Forces in the Cena Peas.
The several powers which I have ennenerated enable you, I conceive, smply to provide for any things that can be expected to secur in China; and it: Mit Goot trust that the confidence which they manifest by
degree of authority comprehensione conferring upon you a degree of
more
in extent and more unusual in character than is
an additional inducement to
that their
ordinarily imparted to any Seronent of the Crown, will be
you to prove confidence has been well bestowed, by the judicions and moderate manner in which that authority is cxerased.
You have had the opportunity of persing the whole ace which has passed between this Office of the correspondence which has passed
and
you
your
Predecessor during his residence in China, and
have
seen both the nature of his transactions during that period, and the news of it: Mis fort upon The several points which have from time to time been
submitted
47
submitted by him for their decision. It is therefore only necessary, that I should lay down some general principles by which it: ti's just would desire that your conduct should, as far as posible, be regulated.
I need scarcely state to
state to you in the outset that the only
Li
か
commerce which it. His Goo? would desire to see maintained with: China, is that which shall be strictly legal and consistent with the Treaty engagements & ubsisting between the Two (guntries. All other com merco which British Subjects may attempt to carry on with the inhabitants of [hena, it will be
to dis-
e your duty : countenance to the utmost. Witte regard however to legal commerce,
It: M's foot would wish you constantly to bear in mind that it
11
Cause
•
but
likely to flourish in proportion as it is allowed to develope itself unfettered by minute regulations, and untrammeled by official interference. It is true that the peculiar & character of a
our intercourse with (hina calls for a certain degree of impervision on the part of British Authorities, the principle by which that supervision should be regulated is that of preventing ang of discussion or dissension arising between the Bictish Traders and the Chimère authorities, at the same time that the rights & privileges. former, by Treaty, are steadily upheld,
steadily upheld, and secured from disregard or interference
the part of the latter. It. M's foot
are aware that there has been much in the commercial intercourse of British Subjects with China, especially of late gears, which will require to be amended before
nce on
secured to the
the
serious
laid
a-
trade between the Two Countries can be expected to assume sound & healthy aspect, and the apprehension of ser misunderstandings with the Chinese Authorities arising out of attempts to persevere in a vicions system, entirely aside. Much formness, therefore, will be required on your part not only as regards the Chinese Authorities, but also
to act with a's regards British Subjects; and to enable gou
promptitude.
84
promptitude and effect as regards the last the unusual power of legislating for the goot of British Subjects in China has been delegated to you by the (rown.
must
The manner & the extent to which you
shall exercise. this power will be matter for your most serious consideration. You vite derive valuable afscitance in this respect from the Legal Authorities connected with the Colonial foot over which you preside; and the only general principle which I would wish you
to bear in mind is that you are dealing with British Subjects to whom, from education & social habits, the exercise of arbitrary power must n
st necessarily be most repugnant, can only be justified by extreme necessity. I do not an teripates that any occasion is likely to arise in which you will find it adverable to negotiate & sign ang formal mistrument in the shape of a Treaty, in virtue of the Full Power · with which you are provided. The Treaty of Hanking, with the supplementary Treaty, the Teftion Articles, and the Furiff, which are severally to be takon as part of the first named Treaty'; appear to comprehead every topic which it is requisites,
requisites, or which
and therefore.
to
•
it would be expedient to record in a formal instrument, and
be doubted whether it would be advisable to nicur
it may
the risk of sunning
counter to the long received prejudices of the Chinese Gort by pressing upon them, without some overpowering necessity, a renewal of discussions and negotiations, which might -even tend to weaken the effich of those which have been happily, and most skilfully
been brought to a close by your Predecessor. The main pornts for the regulation of intercourse between the Two Countries on a fuendly footing have been adjusted, and minor points which may occasionally arise will, doubtless, be susceptible of arrangement by a simpler process than the conclusion
of distinct Treaty. But as unforeseen emergencies may
a
occur,
occur, and as moreover crcumstances do not admit
H:
48
of
a
diplomatic agent being accredited by It: the : to The Emperor of Elina, in the forth usually adopted a mong Europena Nations, it has been thought advisable that you should possess some instrument
at of Authority under H: Mh's dignature, empowering you with the Chinese Ministers, upon which, in case of necessity; you magclixen to act.
i
to break
are invested
It will be proper that as soon as possible after your absumption of Office in China, you should communicate the fact of your arrival to the Chinese Authority whom Sir Henry Pottinger may point out to you as the one to whom such a notification should be a dressed; and you will request that authority to make known to his Goor that you have been appointed by the Queen to succeed Sir i4. Pottinger in the several Offices China, and that which he has held in China,
you with the same powers, and animated with the same disposition s your decdecessor, to promote friendly relations between the Two Countries. You will take advantage of the same opportunity to intimate; to the (henere Gout that Her thy has approved of the Supplementary Treaty signed by Sir 4. Pottinger at Homun- on the 8th of Bet" last, and that Iter thy will be prepared zatify it, in a manner corresponding with that it may
have been ratified by the Emperor of Chence
this Country .
A 1
Chai,
to
tu za
the Original Treaty arrives in
you
in
which
As soon as
ассим
to-1
In all your intercourse with the Chinese Authorities
with make it your
constant endeavour to impress them with a conviction that it: this Goot most earnestly desire,
of difference should hereafter disturb the harmony between the Two Nations. Gon profess your readiness to cooperate with them, as far circumstances will permit, to ensure a
a faitiful observance
that no cause
wil
as
by
וי
by British Subjects of the laws & customs of the finèse Empire, and of the regulations which have been laid down for their commercial dealings, but you will at the same time ponit out that all efforts on the part of Burtish Authorities will be ineffectual, unless the
men within
has
各
L'amèse Authorities, on their side, exert themselves to controne the conduct of their own people; and that their power of control. si more case of application and more likely to be effectual in operation than any which can be employed by British Authorities, however desirous these last may be to keep them cona
on atymen proper bounds.
"I do not think it necessary to enter at any length on the subject. of the Opuim Trade, as the Sec of State for the Colonial Dept: already fully stated to you the opinions and wishes of it: Mis fort on that matter. As far as the discussions with the Chinese Authorities are concerned, they have terminated, according the inclosures of his &. Pottinger+ Desp. h. 143, of the 4th of Noor,
hr p: in a statement, on the part of the former, that they were unable even to discuss any further at that time the question of legalizing the importation of Opinn into China on payment a moderate duty, and by a declaration, on the part of Sir Henry Pottinger, that notwithstanding all the measures which he has taken to prevent any illicit trade being carried on by British Subjects
in the Ports and on the Coasts of China, the Chencre for : can alone effectually put a stop to such practises by imposing sufficient restraint upon their own subjects. Revertheless, It : M's foot rely upon your taking advantage of the Chinese Govt to adopt any favourable opportunity to urge a sounder policy with respect to this question. It cannot fail to be a continual source of embarrassment to all parties as long as it is allowed to remain in its present state; and whether the main ground of opposition to legalizing the trade exists in the personal sentiments of The Emperor,
of
in
or
49
still
in the intrigues of thencie Officers who find their profit in the continuance of a smuggling hade, an
opportunity may present itself, which, if judiciously taken advantage of, may enable you
- come the scruples of the Sovereign, or to expose
to over con
Overcome
a
the fraudulent practices of his adherents, and thus get rid of system pregnant with so much dangert so thoroughly demoralizing unfortunately prevails.
من
that which now
to have
The functions which It. M's Consuls in China will be required to exercive are of a very peculiar character, and will call for the exertion on your part of unrema
your part of unremitting superintendence, and controal. It will in some respects be convencent to
you to deal with the Consular system in China almost from the commencement, so that you will be able to lay down such rules respecting it as may appear & you most cuitable to the π circumstances in which the Consuls will be called upon will of
course
upon to act. If
be desirable that the general sales for the guidance
of It : M's Consals should be adhered to as far as possible; but the new duties which will be imposed upon the Consals in China will require new rules, especially as regards the exercise of jurisdiction over British Subjects. The practice in this respect which is observed in the Levant, will doubtless be applicable to China : and the main question for your consideration will be how far it may be expedient
expedient or necessary to empower. the Consuls to proceed in the adjustment of (ivil Differences, or in the repression or punishment of Criminal offences, arise within the limits of their respective districts. One thing must always be borne in mind th dealing with the last description of cases, namely, certainty rather than severity of punishment, is to be
which may counted upon
in most of the cases before the Consuls, as likely to produce a saluting effect. It will be your duty to cause the Consals steadily to keep
which
may
come
that
in
02
T
are
in views the wish of St. Mis Goot that all It: Ms Servants in China) should conciliate the good will of the Multiorities and People of the Country. They may effect this object without any sacrifice of the interests which they specially appointed to protect, and -although in particular cases the performance of their duty- may be unpalatable to some British Subjects whose irregulariter they may find it necessary to check, it cannot be doubted that the general advantage of British Trade will be best consulted by proving to the Chinese foot that it's progress extension are compatible with respect for the feelings and opinions of the nation at large.
are enabled, to a
x
I have but little to sag on the lust description of authority
you bested in you, namely that by which, certain degree, to controul It: 44's haval & Military Forces in the China Seas. I rely upon your bearing
in mind that the
afsumption of a right of interferences in matters of this rature, on the part of a (ivil Servant of the Crown, is likely to be viewed with much geulon my, & dir like, by Officers who are subject to it ; while the same Officer would most cordially afsit in carrying out
at the wicker of the (ivil Servant if presented to them in a manner
less repugnant to their will. I ・ you professional feelings. Bearing this in mind doubt not, find the utmost reading ss on the part of
р the naval & military commanders to cooperate with you on all occasions; and the advantage which must result to the Public Service from the perfect harmony of the (ivil, haval, and Military Servants of the (rown
in so distant
in and
a quarter of the world, and under circumstances of so
you peculiar a nature, wile, I am sure, weigh with
to spare no pain's to ensure, unanimity of
of action among
induce you
feeling and of a
those who are called
проп
ག
t
upon
50
to act in concert for the promotion of the Public interest . Before I conclude this despatch, I will advert to some points on which you mang
naturally wish to be made acquainted with the ocvirs of H: this foot
I
се
should seek
First then, as regards more direct communication with the Court at Poking, of an instination should be conveyed to you that The Superor would demne your presence at Hei (apital, and if Air : Mis Imprchy should afford you suffercent assurance that you would be treated as becomes the Representation of the Lucen, and would not be invited or required to submit to any degrading ceremonial, A. M's foot would think it advisable that you should defer in this respect to the wishes of His Imp. My, and present yourself at His Court. But a further question may arine whether you Chewere to enter into direct correspondence with the Chinese Minister residing at the seat of goot ? If unreasonable difficulties should be raised by the Chinese Authorities with whom in
of things you will come in contact, and the ordinary course if you should think it probable that a direct appeal to the Imperial foot would be likely to bring about a removal of those difficulties, I should not consider the unusual character of the proceeding to be a sufficient obstacle to deter you from Laerug not lightly to be adopted and until our increased, ops intercourse with (hina shale have led to our policy be sing better understood and our motives more justly appreciated, I should think that it would be prudent to abstain, except under very pressing circumstances, from any attempt to
which if a direct correspondence with Peking, successful would probably be production of very
be to great in convencence. Gour object should always avoid advancing pretensions, or urging claims, which
e of of a doubtful character, or not admit
being
open
be
May
recourse to it. But it is a measure
H
Mi
any
being maintained by reference to Treaty engagements. Nothing must be so strictly guarded against as affording the Chinese Authorities opportunity for withholding acquiescence mi demands which you may address to them; but by allowing them to see that on some occasions they may evade compliance with frar wither without calling fort to such strong remonstrance as for would be justified in using while protecting against the infringement of Treaty engagements, they may be encouraged to pursue the rame course in violation of those engagements,
discussion. thereby give occasion to violent and
and
angry
The next point to which I will allude in the feeling of H: Ms foot with regard to the intercourse of other nation's with China . On this I have only to say that it: Th's foot have no other with than that all the nations of the world should have equal access with themselves to the great mart which the China success of It : Mis Arms has opened to them. The more
s
seen with
by
- brought within the pale of European (ivilization, the more extensive will be the benefits which will accrue to British Interests; and It: His fort have therefore peculiar ratesfaction the stipulation, so wirely inserted Sir. H. Pottinger, in the supplementary Treaty, by which the privileges secured to British Trade are the Trade of all other hations.
Finally
1 as
regards
freely
conceded ☆
the position in which, as It: Mys Plenipotentiary and (heef Superintendent of British Frade si (Lena, you stand towns to the Governor General of Sadie,
China,
GoemonGeneral I have to acquaint you that it is not intended that It : ? : should have any greater degree of contionl over you would result from the respectful attention with which you would naturally consider the wishes of a
important a trust as Functionary
in whom so
than
the
ad:
51
administration of the British Empre
of the British Empire in India is vested.
Fully
you write
of course keep the Indian good informed apson all matters of general interest, and you
will communicaté
preely with it on question's more peculiarly bearing upon the Trade which is carried on between India and China.
I am te
(signed) Aberdeen
M
31
***
职
7.0. Febr. 28. 20144k
2.4.
1
To Mr. Davis.
Сорот
firi
to Incen's Advocate, Atty & boliiful 5 March
284 trong long
RECEIVE
MAR.
18+
+
Foreign Office,
March 4.1844.
52
I am directed
by
to request
that
of Lord Stanley
15the Article of
The Earl of Aberdeen
You will call the attention,
the latter part of
to
• part of the
the supplementary Treaty
with China, of which a copy was trans= on the 12th of February,
-mitted to You
which provider for assistance being
given by the British authoritier in Hong Kong for the recovery of
of debtr contracted by British subjects with Subjects of the Emperor of (hine at
1
any of the Five Ports open to British Prade
J. W. Hope Reppo
You
*44*
53
•goodness to state
You will have the goodness
to Lord Stanley that the Supplementary
Treaty
has been subruited to the Low
Officers of the frown, who have not...
seen occasion to offer any
on
the
observation
stipulation above referred to;
and Iam therefore to request that you
will subruit for Lord Stanley's
consideration whether it will not
be proper to call the special attention of the Colonial Authoritier at Hong Kong to this provision of the
Treaty,
in order that measures may be taken by the Colonial Legiclature
for carrying
the same into effect. -
The attention of the Chief Superintended
will also be called to the
necessity of
communicating with the Chinese Auttonition
as to the nature
of
the Statements and
Proofs of Debts which will be deemed
by the Colonial Tribunal
he sufficient by
what
е
I by which claimer of this nature as
preferred by Chinese against Brilish Subjects shall be investigated.
Раш Jam, fir
Sir,
Your most overduet
humble ser.. in
Alle beddinghun
:
caprís
4 harch
equivocal" proo
22.
marked Driting
that they.
of the Law M
Excentive. Grot f
the San
Jultation
-7
༡༦.༢
I observe the the d
considered and afpt the 187 de
the farm how f
The Come & and there of the
זיי
oned in the Bux É.
to che i les done
devis ait.
ترکیتی
the Brillic thankies,
Chinese you
the Deblor
những động
tir
Lunied
Franciger the
will then
really it will. Theil.
creditos demanding payment __ the Zov". of the
Home
hd be authorized 5
лодого
Debli
fius
I that
11
Gathe
7.
S
The fathimit of the di
but in distensable I think to the
1. Count of the Sellement &. Juke
from the Chinese Gort.
Suit C. invertigate the
10
По
th
M
hor
on
themse
Carte
My
༩ཉ
ن
-63
the const erth to Plaintiff to presents the
if a indy
Align the Dellor in velite the trims 3 the
77
with
wwen motto of the Chinese Just co
chon in it to be defended to them
eigeon
29
absting
2
Party?
ay
Low J. the English
the yout fins a ceability
chenne,
and thad to the "God? order
at
not be attained all the ancholy
Effect of
ལོ་བ7དང དད ༡༧
int in the law to le
We at How Many
exp
Eis inderd
1
1-
?י י ך >
it-j
לי
42 24
ל 7
be de
und lie Yod. is to fretell what evidence the Corst 18.
t
بود؟
not inggeused, and I suffere
"
1 2 3 4 r
the Cowlo
This post is w.
We replem, Stanly thinks we ought art this law Apps. The Guntar
n
np yr y m
to un explained
7373
יי די
I. I. Davis Ery
S.11.
1944
17 Mundock 19
Fonwanted & MARH
M.Stephen
hope
19
ги
Lond Stanley 24
Li
24 March / 4451
I List Bollinger with Freals which was conclud)
of the Supplementary conclude
the Earl of Aberdeen affe
Cox
Ihave received from
the Chimero
ви
insioner
I rag Amiri theo with his Treaty you
of Foreign poling On the general questions the 8th of October last.
ur burdode
that
Cornlited
wilo
madhe une additive the rail of Aberdeen - but The saw spishaney receive mistinctions from
Pray
draft accordingl
I have alwred this to keir report
;
there is one
as consected with the
point on which
Я
addies you.
think Aring du f Godth of Hong Kong, administration of the
to
The 18th Arteile of the
15
Supplementary Treats
impores
220
The British
authorities at NongKong
461
22
、
4343
S
in the eaxes
there anticipated
the
the duty of investigating the clanners preferred the Chinese God! against British subjects. requires that when such
е
intr- and
clains are extablished the British authorities
should oblige the Defauller Debtor Exettle theme
or
meaus.
to thout most of his This is accobligation for the fr. lfilment of which wither the Cenitive God! the predicial authiont 2. Millong in lobe t responsible - and its semaines
to be determined in what manner the
If or this
the Godh or
timmt are Bacquit Stemselves of their responsibiting. It appears to AM God!
that to give effect to th...
55
provision of the Treaty
it will beinumbent on the kecutive authoritie, at
the
Hongkong upon receiving anapplications from Chinese God ! Officers, companied (the requisite statements and full proofs
al.
of the Debli sought to be recorded) tuistituto proceedings this the medium of the littony General, or other public
Officer at Stong Kong, for the humpose of investigating tvclaimer before the legal Feiberals, and if the claime,
andis should be established to
Cause the proup of the fouch Whe put in force, with the diew of obliging the Defaultin
orkeaton Wrettle them to the ntucort of his
his means. If it should befoured that the existing dawsare
ar
insufficient to enable the Godt begive sureffect to the stipulation of the Freat, it
Mit a
will be neusny herd Land should be paped
for that purpose I weal degislatione jiuch way wegker
the
the
to facesetate & Mover lebth and
of
which should be
Enforce
to
the surrender of
lae de flor
the
he property of in satisfaction of demands against him,
2
no
a
айд
default there of tumprison
his person for a longer or shorter terme, according to the circumstance, of the
Care.
haver
4.
W. 175.
desp
RECEIVED
C.O.
MAR 1+
1844
し
Foreign Office
March 13. 1844.
в
Lord
56
am directed by the Earl of Aberdeen transmit to you, for the information of d Stanley, Copies of a Despatch and its inclosure, received from Sir Henry Pottinger, respecting the rate of exchange at which the Salaries and Expences of the (hief Superintendents and Colonial Establishments in China shall be paid.
A Copy of this despatch has been & transmitted to the Treasury from this Office.
Sir,
G. W. Hope Ur
Le Ke
I am,
most obedient
Your mo
humbleServant
Alle beddington.
End
Ji
J. F. Davis Log in
}
12.
Formustel to the
e
8* Mundoch 27 MBSR Ton 21
20
201
вор
28 March /4457 Lie A. Pottinger
having reported to the Earl of Aberdeen that le
at-4/4 hadfixed at 4/4 the balice of the Dollar in the pragment of the Salaries anderpenses of the Chich
Superintendents and
Colonial Extablishmenti
in China, Shave to
んこ
convey to youth my
сай
approval of that arrange. ment as far as the
Colony of Nihong
is
concerned, and trequest
That
wih not allow
зан aug atteration of their rate without a previous reference to, and a disturel sauction from MMcGoo!
Mavere
i
1
3
#
$
88
58
..
}
ཤ t
may be funt by
Ly
supine that.
sie der tires,
we chall
the subiect, and that in the meantime,
the
むき
}
{
المالي وقدم الكرة
Copy
Ć.
2.195. MyLad,
جرے
korj
in 450 Hory Roxy
Hongkong. Scc 23/43.
59
HENR. 14 1844
I have the honor to fourned a Copy of a
themorandum on
tee
subject of cechange drawn up by int Stewart, and have in consequence fixed 4/4 per dollar is the rate at which the Salaries and Expencer of the (he e f Superintendents and Colonial Establishments shall be discharged pending. Instructions from H: Mi Gor?
mi
I beg your Lu&ship will do me
the favons to have
ае
copy of this despatch with its incloure communicated to
Lnd Stanley.
I have &c.
(Signed) Henry Pollinger
The Earl of Aberdeen IJ
兑
人
:
¡
06
-------------;
Copy.
Memorandum
b
in 4500lox.
RECRUD 60
0.0
MARTE
21
་ ་་
With reference & Sord Aberdeen's Berpatch h:60 of the 6th thay 1843, in which His Lordship directs that for the future the expences of the Superintendente Office, and Consular Estabte are to be de fraged from the Funds received from the Chinese fout mistead of by Piells doawn on the Lords (om ons of It: Wh's Freasury, it with be requisite for 4. §. to determine the rate
G. at which the Zollar ti to be issued, particulasty to those Officier of the former Dept whose salaries are established in
Inne
Sterling money, and hither to pard by Bills England, which they disposed of at the current rate of Exchange. This in
17h
в
at
present be quoted at 4/2 @ 4/3 per Spanish Dollar; and Mexican and other Prepar
ablecan
collars, which are at a considerable discount, have been obtained by
me in Exchange for Goot Bills at 4/14 . Ther rate sinnamally. low, and probably will not long continue, though I do not think that it is
(a)
like
to lange so high as 4/5 @ 4/6 for many month,
Imag
and that the inquiries of the
Commissary General have led him to,
recommend the
General Commanding the
Forces
Forces to fir 4/4
as the rate at which
the Dollar shall be issued to the Troops serving in China;
China; and should. G:
sanction this rate for the Superintendat
Office
I would solicit that until such
time as the pleases
Home Gost
: pleasure of the Home
is known on the subject, the same may
be
extended to the folonial. Estatit and all
し
other payments on the pou
blei account
except those of the special mission &
thma.
(Signed) C. E. Stewart
30 Devon. 18:43
14
61
Sa Seri H. Pottingesn
W. 175 1843.
Sir,
522. Houghing
RECEIVED
MAR.26 1844
Foreign Office
March 25. 181464.
62
I have laid before The Earl of Aberdeen your Letter of
the 16th of March inclosing a Copy of a Despatch, from Sve Hewry Pottinger suggesting that the annual allowance of $1200 herchopra heretofore. paid to the Anglo (hmèse College at Malacca, should now be paid to the "Morrison Education Society; " on Nonghong; and I am to request that you
that will acquaint Lord Stanley
Lord Aberdeen concurs in His Lordship's
opinion I
that this charge- should not be placed in the [plonial Funds. But as the
services connected with this
Offices make
reasonable degrees
it desirable that every reason a
of assistance should be afforded, & an
establishment which
may
be expected
Copy
G. W. Hope Me
a
to.
:
FA
to supply.
Persons calculated to act as Interpreters, and Aberdeen has authorized
h.ncc)
The Davis, as Lord Stanley with perceive by the inclosed, Despatch, to pay to the : Morrison Education Society," the allowan of $1200 heretofore paid to the Colleger at Malacca, and to include the amount in the Accounts of the Superintendency.
I am, Siri,
Gone
most obedrent-
humble servant,
AlleAddinghe..
28.27
>
Entered
All. Addingtonday,
94.1
Forwarded by MARH
MBSichen /
mond Stanley 13
→
229-20 Ser
Lie
18 March 14t
63
Laundrrected fr dowhandisited dord Stanly Straushit thon herewith, for the information of the laul. oelberdeen, the lary oper Despatch from dirt Pottinger reporting demi stance which he
the
has given to the Morrison Ederation Sociel - and The manner in which he conceives that that. Puslituction maghereafter become essentially useful to the pitblic
sewiel.
I forwarding the
derpatch Lord Stanly.
directs me at the same
time benclose a (ops
彩
:
##
of the dustuctions which
Readdressed on the al Ultime to M. Davis
relative to the extablishment
Gthe
кас
ly the London Missionary Lorie & of an Anglo Chimere.
College
un (
Nong Mors.
That-doed
am to add that lord
я
Stacles would not feel
" pistified in advising a
continued maintenance
of
the Marrison Education
в
Laciel out of the Revenues of the Colons of Nongthong.
hallely by other fonds. Thaveze
Copy
вся
hex7.
Su
RECEIVE
MAR 26
1844
›
In 522. Hongkong
Foreign Office March 25. 1844,6 ±
H
"your predecessor in her despatches BLordStanley, W! 13 and 29 of the 22. of August last, and to myself Wos 118 and 169 of the 2. of Sept. and 21th of Dec. last, intimated her opinion that it would be expedient- that the allowance of $1200 heretofore paid as a Subscription on the part of H:M's Govt towards the maintenance of the Anglo Chinese College at Malacca, should for the future be paid to the bciety established in Hougtong under the titles of the "Morrin Education Society", and it appears that Sir H. Pottingen, in anticipation of this approval of H. his foot, actually paid to the latter Society the amount
:year's allowance which was in deposit in the Treasury at Hongkong, leaving, as it would appear, similar sum stilo in
in deposit :
one
has
bq
I understand from Lord Stanley that he would not feel justified, in` affording this appritance to the "Morrison Education Society from the Colonial Funds- but as the same motives which induced # : this foot to sanction the allowance to the folleges at thalacca, namely the importance
importancer in a public point of view of promoting the success of an establishment by which the mean! intercourse with China would be facilitated, have acquired additional force at the J. J. Davis Ees
present
L...
71
Тать
Li More)
present times from the anticipated, extension
of such intercourse; and as this прокси
Office immediately concerned in the question,
I am
willing that in furtherance of this object aw
annnal allowance should continues to be made, and borne
upen
the contingent Superintendency in (henni.
baccount of 4. Mis
will
The College at Malacca it appears, be transferred to Hongkong. Whether it will be united with the " Morrison Education Society
but at all events, consider
remains to be seen i
Dering latter,
Sir H. Pollinger's & commendation of the and the other circumstances stated by him, I cannot hesitate to sanction his propoval, and I have, therefore, to authorize. you to abstain from making any futures payments on account of the Anglo Chincie College lately established in Malacca, and in there of to pay to the Morrison Education Society allowance in furtherance of the an annual allowance in purposes of that Society, not exceed
$1200. I should wish
you,
hew 43
exceeding
however, to give
the parties concerned in the menagement
of
thes Establishment to understand that
&
65
#t: his Goor will expect that, in return for this assortance, the utmost facility shall be afforded I H : th's Goot for obtaining the service of persons concaled by Them for the performance China. of public duties in then a
I am se
(Signed) Überres
H: Mi
99
4
Cope & Mr. Davis.
F.0. March 25. 1844
2o.27.
2
A
1...
дойодяг
close
comeffendence
Will
The affears
Ёл
>
Siv
584. Recht
RECEIVED
MAR 23 1844
Foreign Office,
March 26. 1844.
67
Jam directed by The Earl
I
The Earl of Aberde
to return to
to you
herewith the original
Letter of the 16th Insteat,
Inclosures in Your Letter
been held in Hong kong in a case
respecting certain Proceedings
which had
committed by Majesty
Lo me
Chinese
of murder Subjects of Ver
within that Island.
Lord Aberdeen's attention has been
attracted, in perusing the account of these Proceedings, by Sir Henry Pottinger's abservation that the Chinese Government had tacitly waved the pretension first advanced
at hanking to try in China the Chinese
G. W. Hope laps
Natives
ર
natives of Hong Kong who might be accused
of crimer
committed in that delanden
com
As Sir Henry Pottinger's Reports to this office to his despatch N.92 . of the
subsequently
27th of July, of which a copy was transmited
to You
on
the 6th of November, contain no
reference to this question of Jurisdiction, and as it appears desirable that the real footing on which it stands, and the
grounds
Sir Henry on which Sir
Henry Pottinger
has arrived at the conclusion above
stated, should be known to Her Majesty fovernment, Lord. Aberdeen hav addressed to Mr Davis, with reference to Sir Henry Pottinger's Despatch to the Colonial Office, h:27% of the 9th of
December
>
68
2:30.
December last, the Despatch of which I inclose a copy for Lord Stanley's information...
Sir,
Jam, firs
ur most obedient
Your
humble servant
Allehldington?
am not aware
lital
-
here on
this subject.
пив
77777
byury;
#3
?
Ex
Enter dayhong 18 Marchfüh
All. Addington kay
9.447
Forwarded & MARE
MR
MBStephen | 72
M! Hope
12
Lord Stanley S
927-98
Lin
69
4
Lame directed f
dord Hanley Bhravomid
thyan herewith, for the infamation of the lar of Aberdem, the phy of a
of
le
a
thō
Despatch from Li &. Polling reporting Maceedings on the trial before the Police Magdale of Hong Mons of seven of the rate
scenes of that Iriand accused Friaced
Murder.
tive
елаличе
As the Enclosures to This Despatch are
fouvaided in original
dam to request that this
mag
де
besetiomed
to the
Office when Lard Aberden
has percesed themin
Валсере
70
$
***
K
2.
:
Сорут с
No 30
Sir.
In
534 Hougtong
71
RECEIV
C.O.
MAR.23 1844
F. 0. March 26.1844.
I have to acquaint you that Lord Stanley
а
has communicated to me as
copy of Sir Henry Pottingers despatch this Lordship, N.27 . of the 9th of December, respecting certain proceedings which had been held in Hong kong selative to a murder alleged to have been committed in the Island by seven Curiese, natives of the Island, and therefore subject to the British brown. with regard to the course of these proceedings Lord Stanley will doubtles of he sees occasion, communicate to you his opinion, and I should hardly.
J. F. Dour's Esq
L
к
have
་་་"!
to
have thought it necessary to advent in my correspondence with you this transaction, if I had not observed certain expressions in Sir Henry Pollinger despatch, and in his observations upon the case, which point to the existence of a state of things as regards the question of Bailish Jurisdiction over the Chuiss population in Hong Kong, of which ther Majesty's Government are not sufficically informed
•
The papers noted in the margin Inclosures .30.31 in
between
will show you what paped Lir Meury Pollinger and the Chinese
Authorities
он
2o38 Neclosure 3.3.4.14 in
72854
hos 45×54 Calivit
this question of Jurisdiction of 7: ..
between the signature of the Freak of hanking and the
27
the of July last,
the date of his despatel No 92
Inclosure 16 in W.7 D0.18.19.20 in W. 24
Do. 8 in h.85
nos 59292
1842
;
"
72
or this last mentioned despatch
Sir Henry Pollinger says that he have': " succeeded in providing for
oler
having complete Police authority " all classes ; but those who are
"informed
ou
over
best
the Laws and customs
" of China, seem to be of opinion that " the Empen i . Commission dare not- " give us power to punish in Capital " cases, at least not in coriting "
Tobserve however in Sir Henry.
minute on the proceedings
Pottingers
m
before the thief Magistrate of Houghong in the case of the murder seferred to in his despatch to Lord Stanley
1927,
a statement that "the Chinese
" Government have waved the right
+ they first ecumed of trying t-
" persons (residing
on the island of
Houshory
توبار بار
"Boughoug), who onif't be charged
or serious crimes"
1 with Capital and Sir Henry Pottinger in his despatch theaks of the case as "establishing beyond " all future doubt or cavil the entire a Sovereignty of England over this
colony and its thinèse Population .
Her Majet 's Government
"
would greatly rejoice at much a state of things, but it can scarcely. be alleged that the account of the proceedings given in the inclosures of the despatch, bear out that statement. Jon it does not follow that because the Chinese Authority at Lavan admitted he had done
не
wrong. sending in his Police officer into Houghong to search for the Criminals who were charged with having
committed a crime at a certain
енг
place
73
place, which in the first instance was not clearly stated to be within the Island, He therefore renounced all pretecision to by those criminals eventically in his own Court, o admitted the right to try them in
au
or
English Court - The wirthe Art in of the supplementary Secaty which is referred to, but which as it merely applies to criminal fug. c. from
fing:
the Chinese dominious or from Houston
has only
ам
u
indirect bearing on the
present case, provides that all preliminary steps suchas the apprehension and examinations in s first instance of ticiere fugitives who have sought refuge in Hong kong, that- be undertaken by the British officer, but each fugitives are, for trail
and
ย
themover
and punishment, to be delivered over to the Chinese Auttiosities. In the present case, the previous examination of the parties ended without obtaining "proofs or admission of their guilt", and cousey.""" the question of " delivering to the Chinese authorities" although mooted by the British thief Magistrate was set aside by Sir Henry Pottinger as well from the insufficiency of testimony, as from the tacit abandonment, as Sir Henry Pollinger allops by the Chunice Government, of any
claim to Jurisdiction in euch
in case.
But whatever may be the actual state of things in this serpect it is very desiral!!, that Her Majesty's Government should clearly understand
the
T
the position of this question of Jurisdiction over the Chinese subjects of the tivi Crown ; and therefore I should wish
Fonay
you to enque " and report what have passed between Sir Henry Pottinger and the Chiese Plenipotentiary in this matter, subsequently to the dale of his després. W. 92, and at all evens on what is founded the statement in his despatch to Lord Stanley that the
tacitly Anniese Government have waved the dann to such Junsdiction -
you will readily understand that although Her Moj - ty's Government wish to know the real state of the
have no desire that you
case, they should provoke a discussion.
on the
subject with the Chinese Government. Doubtless it would be more couvement
that
ד ני
that any pretension of this natune, - as it unluckily has beer advanced, "had been clearly senounced : but if no practical unconvenience ances from leaving the question in its present state, it is on every account desirable to avoid als in : of exciting the cuspicion or jealousy of the Chinese Government by display in too much anxerity respecting it
Aberdeen-
544. Angkang
RECEIVED
APR. 1 1844
רום
RECORD
OF
75
་ ༡/
Viscount Cawning presents his Complements to Mr Stephen, and with reference to his Letter the rip the beltime
requesting
Introduction to
favor of the Governor
Governor of Hong Kong in favor of
the Baniste East Indian
ttie
%
Popesions
by
The Earl
મ
8
Aberdeen to
request
will inform him
whe
sees
any
reas 022
why
is directed.
Government should
Foreign Office
whether
that Mr. Hogation
Lord Harley
thie wishes
Hanley
the Daviste
not be complied witter.
Marco 30.18744
Affound a copy ofle Gelert which has cum addesine to libanes?
Contatti
aquil 2
76
TECEIVED
APR. 3
1844
Foreign office
April:
2.1844
77
6
5 copper fe
Ser
I am directed by The Earl of Aberdeen to transmit to you herewith for the information
of Lord Stanley, printed Copies of the Supplementary Treaty between Great Britain and China, signed
the 8th of betober 1843, Sat Homan (hae, on the 8.
ands
of other documents thereunto annexed, which, with the Original Treaty signed at hanking
on the 29th of August 1842, of which Cypres are also inclosed, are considered to form
Instrument.
Some of the documents in
From were
знес guestion
laid before Parliament a short time ago,
with
the briginal Treaty, but being formally annexed
to the Supplementary Treaty, they have been
G. W. Hope E18
K
又
reprinted
Į
on the occasion of laying the latter
reprinted before Parliament :
I am,
You
Gone
Sir
most obedient
humble bereant. Weddington.
78
ו.
مهارات
April 4
(
E
הי
79
TREATY
BETWEEN
HER MAJESTY
AND
THE EMPEROR OF CHINA,
Signed, in the English and Chinese Languages, at Nanking, August 29, 1842.
WITH OTHER DOCUMENTS RELATING THERETO.
Presented to both Houses of Parliament, by Command of Her Majesty, 1844.
(8)
LONDON:
T. R. HARRISON, ST. MARTIN'S LANE.
LIST,
Page
3
1. Treaty
2. Declaration respecting Transit Duties
. 7
3. Tariff of Duties on the Foreign Trade with China
8
4. General Regulations under which the British Trade is to be conducted at the
five Ports of Canton, Amoy, Foochowfoo, Ningpo, and Shanghai
10
(
TREATY
BETWEEN
HER MAJESTY
AND
THE EMPEROR OF CHINA,
Signed, in the English and Chinese Languages, at Nanking, August 29,
1842.
WITH OTHER DOCUMENTS RELATING THERETO.
[Ratifications exchanged at Hong Kong, June 26, 1843.]
HER Majesty the Queen of the United Kingdom of Great Britain and Ireland, and His Majesty the Emperor of China, being desirous of putting an end to the misunderstandings and consequent hostilities which have arisen between the two countries, have resolved to conclude a Treaty for that purpose, and have therefore named as their Plenipotentiaries, that is to say:-
Her Majesty the Queen of Great Britain and Ireland, Sir Henry Pottinger, Bart., a Major-General in the service of the East India Company, &c., &c.;
And His Imperial Majesty the Emperor of China, the High Commis- sioners Keying, a Member of the Imperial House, a Guardian of the Crown Prince, and General of the garrison of Canton; and Elepoo, of the Imperial Kindred, graciously permitted to wear the insignia of the first rank, and the distinction of a peacock's feather, lately Minister and Governor-General, &c., and now Lieutenant-General commanding at Chapoo ;*
Who, after having communicated to each other their respective Full Powers, and found them to be in good and due form, have agreed upon and concluded the following Articles :-
ARTICLE I.
There shall henceforward be Peace and Friendship between Her Majesty the Queen of the United Kingdom of Great Britain and Ireland and His Majesty the Emperor of China, and between their respective subjects, who shall enjoy full security and protection for their persons and property within the dominions of the other.
* Although only two Chinese Plenipotentiaries are here named, the Treaty was in fact signed by three.
B 2
80
!
4
ARTICLE II.
His Majesty the Emperor of China agrees, that British subjects, with their families and establishments, shall be allowed to reside, for the purpose of carrying on their mercantile pursuits, without molestation or restraint, at the cities and towns of Canton, Amoy, Foochow foo, Ningpo, and Shanghai; and Her Majesty the Queen of Great Britain, &c., will appoint Superintendents, or Consular Officers, to reside at each of the above-named cities or towns, to be the medium of communication between the Chinese authorities and the said merchants, and to see that the just duties and other dues of the Chinese Government, as hereafter provided for, are duly discharged by Her Britannick Majesty's subjects.
ARTICLE III.
It being obviously necessary and desirable that British subjects should have some port whereat they may careen and refit their ships when required, and keep stores for that purpose, His Majesty the Emperor of China cedes to Her Majesty the Queen of Great Britain, &c., the Island of Hong-Kong, to be possessed in perpetuity by Her Britannick Majesty, her Heirs and Successors, and to be governed by such laws and regulations as Her Majesty the Queen of Great Britain, &c., shall see fit to direct.
ARTICLE IV.
The Emperor of China agrees to pay the sum of six millions of dollars, as the value of the opium which was delivered up at Canton in the month of March, 1839, as a ransom for the lives of Her Britannick Majesty's Superintendent and subjects, who had been imprisoned and threatened with death by the Chinese High Officers.
ARTICLE V.
The Government of China having compelled the British merchants trading at Canton to deal exclusively with certain Chinese merchants, called Hong Merchants (or Co-Hong), who had been licensed by the Chinese Government for that purpose, the Emperor of China agrees to abolish that practice in future at all ports where British merchants may reside, and to permit them to carry on their mercantile transactions with whatever persons they please; and His Imperial Majesty further agrees pay to the British Government the sum of three millions of dollars, on account of debts due to British subjects by some of the said Hong Merchants, or Co-Hong, who have become insolvent, and who owe very large sums of money to subjects of Her Britannick Majesty.
to
ARTICLE VI.
The Government of Her Britannick Majesty having been obliged to send out an expedition to demand and obtain redress for the violent and unjust proceedings of the Chinese High Authorities towards Her Britan- nick Majesty's Officer and subjects, the Emperor of China agrees to pay the sum of twelve millions of dollars, on account of the expences incurred; and Her Britannick Majesty's Plenipotentiary voluntarily agrees, on behalf of Her Majesty, to deduct from the said amount of twelve millions of dollars, any sums which may have been received by Her Majesty's combined forces, as ransom for cities and towns in China, subsequent to the 1st day of August, 1841.
5
ARTICLE VII.
It is agreed, that the total amount of twenty-one millions of dollars, described in the three preceding Articles, shall be paid as follows:-
Six millions immediately.
Six millions in 1843; that is, three millions on or before the 30th of the month of June, and three millions on or before the 31st of December.
Five millions in 1844; that is, two millions and a half on or before the 30th of June, and two millions and a half on or before the 31st of December.
Four millions in 1845; that is, two millions on or before the 30th of June, and two millions on or before the 31st of December.
And it is further stipulated, that interest, at the rate of 5 per cent. per annum, shall be paid by the Government of China on any portion of the above sums that are not punctually discharged at the periods fixed.
ARTICLE VIII.
The Emperor of China agrees to release, unconditionally, all subjects of Her Britannick Majesty (whether natives of Europe or India), who may be in confinement at this moment in any part of the Chinese Empire.
ARTICLE IX.
The Emperor of China agrees to publish and promulgate, under His Imperial Sign Manual and Seal, a full and entire amnesty and act of indemnity to all subjects of China, on account of their having resided under, or having had dealings and intercourse with, or having entered the service of, Her Britannick Majesty, or of Her Majesty's officers; and His Imperial Majesty further engages to release all Chinese subjects who may be at this moment in confinement for similar reasons.
ARTICLE X.
His Majesty the Emperor of China agrees to establish at all the ports which are, by the Second Article of this Treaty, to be thrown open for the resort of British merchants, a fair and regular Tariff of export and import customs and other dues, which Tariff shall be publickly notified and pro- mulgated for general information; and the Emperor further engages, that when British merchandize shall have once paid at any of the said ports the regulated customs and dues, agreeable to the Tariff to be here- after fixed, such merchandize may be conveyed by Chinese merchants to any province or city in the interior of the Empire of China, on paying a further amount as transit duties, which shall not exceed* the tariff value of such goods.
ARTICLE XI.
per cent. on
It is agreed that Her Britannick Majesty's Chief High Officer in China
shall correspond with the Chinese High Officers, both at the Capital and
in the Provinces, under the term "communication"
照會
; the subordinate British Officers and Chinese High Officers in the Provinces,
on the part of the former,
under the terms "statement"
'PIR
* See Declaration on this subject, which follows the Treaty.
{
-
81
-
7
6
declaration"]; and the subor-
and on the part of the latter, "declaration"
dinates of both countries on a footing of perfect equality: merchants and others not holding official situations, and therefore not included in the
above, on both sides, to use the term "representation"
in all
papers addressed to, or intended for the notice of, the respective Governments.
ARTICLE XII.
On the assent of the Emperor of China to this Treaty being received, and the discharge of the first instalment of money, Her Britannick Majesty's forces will retire from Nanking and the Grand Canal, and will no longer molest or stop the trade of China. The military post at Chinhai will also be withdrawn; but the Islands of Koolangsoo, and that of Chusan, will continue to be held by Her Majesty's forces until the money payments, and the arrangements for opening the ports to British merchants, be completed.
ARTICLE XIII.
The Ratification of this Treaty by Her Majesty the Queen of Great Britain, &c., and His Majesty the Emperor of China, shall be exchanged as soon as the great distance which separates England from China will admit; but in the meantime, counterpart copies of it, signed and sealed by the Plenipotentiaries on behalf of their respective Sovereigns, shall be mutually delivered, and all its provisions and arrangements shall take effect.
Done at Nanking, and signed and sealed by the Plenipotentiaries on board Her Britannick Majesty's ship "Cornwallis," this twenty-ninth day of August, 1842; corresponding with the Chinese date, twenty-fourth day of the seventh month, in the twenty-second year of Taoukwang.
(L.S.)
HENRY POTTINGER,
Her M.'s Plenipotentiary.
}
DECLARATION RESPECTING TRANSIT DUTIES.
[Signed in the English and Chinese Languages.]
WHEREAS by the Tenth Article of the Treaty between Her Majesty the Queen of the United Kingdom of Great Britain and Ireland, and His Majesty the Emperor of China, concluded and signed on board Her Britannick Majesty's ship "Cornwallis," at Nanking, on the 29th day of August, 1842, corresponding with the Chinese date 24th day of the 7th month, in the 22nd year of Taoukwang, it is stipulated and agreed, that His Majesty the Emperor of China shall establish at all the ports which, by the Second Article of the said Treaty, are to be thrown open for the resort of British merchants, a fair and regular Tariff of export and import customs and other dues, which Tariff shall be publickly notified and promulgated for general information; and further, that when British merchandize shall have once paid, at any of the said ports, the regulated customs and dues, agreeably to the Tariff to be hereafter fixed, such merchandize may be conveyed by Chinese merchants to any province or city in the interior of the Empire of China, on paying a further amount of duty as transit duty;
And whereas the rate of transit duty to be so levied was not fixed by the said Treaty;
Now therefore, the undersigned Plenipotentiaries of Her Britannick Majesty, and of His Majesty the Emperor of China, do hereby, on pro- ceeding to the exchange of the Ratifications of the said Treaty, agree and declare, that the further amount of duty to be so levied on British merchandize, as transit duty, shall not exceed the present rates, which are upon a moderate scale; and the Ratifications of the said Treaty are exchanged subject to the express declaration and stipulation herein. contained.
In witness whereof the respective Plenipotentiaries have signed the present Declaration, and have affixed thereto their respective seals.
Done at Hong-Kong, the 26th day of June, one thousand eight hundred and forty-three, corresponding with the Chinese date, Taou- kwang twenty-third year, fifth month, and twenty-ninth day.
HENRY POTTINGER.
(L.S.)
Seal of
the Chinese High Commissioner.
Signature
of 3rd
Chinese Plenipotentiary.
Signature
of 2nd
Chinese Plenipotentiary.
Signature
of 1st Chinese
Plenipotentiary.
{
Seal
and Signature
of the
Chinese
Plenipotentiary.
82
8
9
83
6 Camphor (Malay), first
quality, clean.
Cainphor, second quality,
refuse
·
EXPORTS.
1 Alum
per 100 catties
0
2 Aniseed, Star
ditto
0
Ditto,
Oil of
ditto
5
3 Arsenic
ditto
0
4 Bangles (or Glass Armlets)
ditto
0
115076
00000
NOODOO
T. M. C. C.
0
0
ings
0
5 0
0
ditto
5 Bamboo Screens and Bam-
boo Ware of all kinds
6 Brass Leaf
ditto ditto
0
1
25
0 0
43 Preserves and Sweet-
0
0
meats of all kinds
ditto
7 Building Materials
Duty free.
44 Rattan work of all kinds
ditto
8 Bone and Horn Ware
9 Camphor
•
10 Canes of all kinds
11 Capoor Cutchery
12 Cassia
Ditto Buds
Ditto Oil
per 100 catties
1 0
0
0
45 Rhubarb
ditto
•
ditto
1
5
0
0
46 Silk, Raw, whether from
per thousand
0
5
0
0
Chekiang, Canton, or
per 100 catties
0
3
0
0
elsewhere, all kinds
ditto
ditto
ditto
ditto
13 China Root
ditto
14 China Ware, all kinds
ditto
15 Clothes (ready made). 16 Copper Ware, Pewter
ditto, &c.
ditto
013000
7
0
0
2
5
0500000
0
Coarse, or refuse of
TARIFF OF DUTIES ON THE FOREIGN TRADE WITH CHINA.
Established in pursuance of Article X of the Treaty.
0
0
0 0
T. M. C. c
each
per 100 pictures 0
OOOOO
0
0 5
0
11 10 LO
39 Pictures, viz., large Paint-
Rice Paper Pictures
40 Paper Fans.
41 Paper of all kinds
42 Pearls, (i.e., false Pearls)
per 100 catties
ditto
OOOOO
OOO
10 20
OOOOO
0
OOO
5
0 0
0
0
0
7 Cloves, first quality, picked per 100 catties
Ditto, second ditto, mother
8 Clocks, Watches, Spy-
Glasses, all kinds of Writing-Desks, Dress- ing Boxes, Cutlery, Perfumery, &c., &c.
9 Canvas, 30 a 40 yards long, 24 a 31 inches wide
10 Cochineal
11 Cornelians
•
Ditto Beads
12 Cotton
•
13 Cotton Manufactures, viz.:
Long Cloths, white, 30
a 40 yards long, 30 a 36 inches wide
Cambricks and Muslins, 20 a 24 yards long, 40 a 46 inches wide Grey or Unbleached
Cottons, viz.:-
per piece
per 100 catties
per 100 stones per 100 catties 10
ditto
per piece
0
5
0
0
0 5 0 0
0
0
1
10
0 0 0
0
Silk
ditto
2 5 0
0
0
Organzine, all kinds
ditto
10
0 0 0
0
Ribbons, Thread, &c.,
Long Cloths, Domes- tics, &c., &c., 30 a 40 yards long, 28 a 40 inches wide
T.
M. C. C.
T. M. C. C.
per catty
1 0 0 0
ditto
0 5 0 0
1 5 0 0
ditto
0 5 0
0
•
•
5
per
cent. ad valorem.
28 Mace, or Flower of Nut-
meg 29 Mother of Pearl Shells 30 Metals, viz.:-
Copper,
27 Linen, fine, as Irish or Scotch, yards long,
inches wide Coarse Linen, as Linen and Cotton Mixtures, Silk and Linen Mix- tures, &c. &c.
- per piece
5 per cent. ad valorem.
0500
•
per 100 catties ditto
1
0 0 0
0 2 0 0
unmanufac-
tured, as in pigs
ditto
1 0 0 0
50504
05090
0 5
OOOO O
0 0
Copper, manufactured,
0
0
as in sheets, rods
ditto
1 5
0 0
0 0
Iron, un:manufactured,
0
0
as in pigs
ditto
•
0 1 0 0
0 0
Iron, manufactured, as
in bars, rods, &c.
ditto
0 1 5 0
Lead in pigs, or manu-
factured.
ditto
0
0 15 0
Steel, unmanufactured Tin
ditto
0150
Quicksilver
Tin Plates.
Unenumerated Metals
31 Nutmegs, first quality, or
cleaned
10 per cent. ad valorem.
ditto
3
ditto
0
ditto
1
ditto
0
40404
0
0
0 0
0 0
0
0
0
0
•
•
per 100 catties 0 0
2
0
Nutmegs, second quality,
or uncleaned
ditto
0
&c.
ditto
10 0 0 0
ditto
0 1 0 0 32 Pepper
ditto
•
0
Silk Piece goods of all
ditto
17 Corals (or False Coral)
ditto
OO
0
0
10 10
5
5
OO
0
0
kinds, Satins, Pongees,
as
Silks,
Grey Twilled Cottons,
30 a 40 yards long, 28 a 40 inches wide Chintz and Prints of
0
33 Putchuck
ditto
0
34 Rattans
ditto
ditto
0
0
Velvets,
Crapes,
0 1 0 0 35 Rice, Paddy, and Grain of
all kinds
0
OOOO
0050
6472
0
0
0
0
•
18 Crackers and Fire-works
Lutestrings, &c., &c.
ditto
12 0 0 0
of all kinds
ditto
0
•
19 Cubebs
ditto
Ί
20 Fans (as Feather Fans, &c.)
ditto
21 Furniture of all kinds
ditto
0
22 Galingal
ditto
0
23 Gamboge
ditto
2
1000000
750210
O-HOON
5
0
N.B.-The additional
0
Duty of so much
all kinds, 20 a 30 yards long, 26 a 31 inches wide
Duty Free.
36 Rose Maloes.
per 100 catties
1 0 0 0
•
0
per piece, hitherto
0
levied, to be hence-
0
0
forth abolished.
47 Silk and Cotton mix-
•
24 Glass, and Glass Ware
tures, Silk and Wool-
of all kinds
ditto
25 Glass Beads
ditto
26 Glue (as Fish-glue, &c.)
ditto
27 Grass Cloth, all kinds .
ditto
1
28 Hartall
ditto
•
29 Ivory Ware, all kinds.
ditto
1O 1O 1O O 15 O
0000O5
5 0
5
0 0
5 0 0
0
0
0
0
0
OOOOOO
0
len mixtures, and goods
of such classes
ditto
3 0 0 0
48 Shoes and Boots, of
0
Leather, Satin, or
0
otherwise
ditto
0
·
0
49 Sandal Wood Ware
ditto
1
30 Kittysols, or Paper Um-
50 Soy
ditto
0
·
brellas
ditto
31 Lacquered Ware, all kinds
ditto
32 Lead (White Lead)
ditto
33 Lead (Red Lead)
ditto
34 Marble Slabs
ditto
O-OOO
0
1
0
0
0
OOO O
5025 N
0
0
5
0
OOOOO
0
51 Silver and Gold Ware
ditto
10
0
52 Sugar, white and brown
ditto
0
0
53 Sugar Candy, all kinds
ditto
0
0
54 Tin Foil
ditto
0
5
0
55 Tea.
ditto
2 5
•
35 Mats, (straw, rattan,
bamboo, &c., &c.) 36 Mother o'Pearl Ware 37 Musk
56 Tobacco of all kinds
ditto
0
2
ditto
0
•
ditto
1
per catty
0
20 4
0
0
57 Turmeric
ditto
0
2
•
0 0
58 Tortoise-Shell Ware
ditto
10
0
5
0
0
59 Trunks (of Leather)
ditto
0
2
000011000000
2040 2 3 LO LONNON
0
0
0
0
Thread
5
0
5
0
16 Cutch
0
0
Ginghams, Pullicates, Dyed Cottons, Velve- teens, Silk and Cotton Mixtures, Woollen and Cotton Mixtures, and all kinds of Fancy Goods not in current consumption.
14 Cotton Yarn and Cotton
15 Cow Bezoar
17 Elephant's Teeth, first
Handkerchiefs under 1
yard square Handkerchiefs above 1
yard square
ditto
each
ditto
0 2 0 0
37 Saltpetre (to be sold to Government Agents only)
ditto
0 3
0 0
0 01 0
38 Shark's Fins, first quality,
or White
•
ditto
1 0 0 0
0 0 1 5
Shark's Fins, second qua-
lity or Black
ditto
0 5 0 0
39 Skins and Furs, viz.:-
Cow and Ox Hides,
tanned, and untanned
ditto
0
Sea Otter Skins
each
0
Fox Skins, large
ditto
0
Fox Skins, small
ditto
0 0
101 HO
5557
0
0
0
5
5
per
cent. ad valorem
Tiger, Leopard, and
Martin Skins
ditto
0 1
5 0
•
•
per 100 catties
1
0
0 0
Land Otter, Racoon,
•
per catty
1
0
0 0
•
per 100 catties
0
3
0 0
0
0
0
quality, whole Elephant's Teeth, second
quality, broken
•
ditto
4
0 0 0
and Shark's Skins
Beaver skins
Hare, Rabbit, and Er-
mine
•
per hundred
ditto
ditto
223
0 0
OO
OO
OO
0 0 0
0
0
40 Smalts
•
per 100 catties
4
•
ditto
2
18 Fish Maws
0
ditto
1
19 Flints
38 Nankeen, and Cotton
Cloth of all kinds
60 Treasure, i.e., Coin of
•
ditto
0
OO5
0150
0
0
41 Soap
ditto
0
0
0
42 Stock Fish, &c.
ditto
0
0
43 Sea Horse Teeth
·
per 100 catties
1 0 0 0
all kinds
Free.
61 Vermilion
ditto
3 0 0 0
21 Gambier
[Articles unenumerated in this Tariff, to pay a duty of 5 per cent. ad valorem.]
IMPORTS.
1 Assafoetida
per 100 catties
2 Bees' Wax
ditto
3 Betel Nut
ditto
1110
1000
8005
T. M. C.
C.
±
T.
M. C. C.
0
0
5 Birds' Nests, first quality,
cleaned
per 100 catties
5 0
0 0
0
Birds' Nests, second qua-
4 Bicho de Mar, first quality,
lity, good middling .
ditto
2 5 0 0
or blk.
ditto
0
8 0 0
Birds' Nests, third quality,
Bicho de Mar, second
uncleaned
ditto
0 5 0 0
quality, or wht.
ditto
0 200
5
per cent. ad valorem
•
per 100 catties
0 1 5 0
ditto
38 0 0 0
ditto, or
In Cask
ditto
3 5 0 0
46 Woods, namely:-
·
per catty
0
1 3 0
ditto
0 0 3 0
per 100 catties
1 0 0 0
•
•
ditto
0 5 0 0
ditto
0 5 0 0
20 Glass, Glass Ware, and Crystal Ware, of all kinds.
22 Ginseng, first quality
Ditto second
refuse
23 Gold and Silver Thread:-
first quality, or real second ditto, or imitation
24 Gums, Benjamin
Olibanum Myrrh
Gums, unenumerated
25 Horns, Bullocks' and Buf-
falos'.
26 Horns, Unicorns' or Rhi-
noceros'
10 per cent. ad valorem
per 100 catties 2 0 0 0
ditto
3000
C
Ebony
Sandal Wood
Sapan Wood
•
•
Unenumerated Woods
47 Woollen Manufactures, viz. :-
Broad Cloths, Spanish Stripes, Habit Cloth,
&c., 51 a 64 inches wide
OOO
OCO
0
10 per cent. ad valorem.
per Chang of 141 inches 0 1 5 0
ditto
5054 O
O+OO 2
0 0
0
0
0
0
0 0
0 0
0
44 Treasure and Money of all
kinds
45 Wine, Beer, Spirits, &c.
In Quart Bottles
In Pint ditto
Free.
·
per 100 bottles
1
0 0
0
ditto
0
5
0
per 100 catties 0
ditto
0 1 5 0
ditto
0 5
0 0
ditto
0 1 0 0
(
:
}
Long Ells, Cassimeres,
Flannel, and narrow Cloths of this descrip- tion
•
per Chang of 141 inches
each
Blankets of all kinds
•
•
10
T.
M. C. C.
Ꭲ . M.
Bunting (narrow), per Chang of 141 inches 0 0 Unenumerated Woollen
C. C. 1 5
Goods, or Silk and
0 0 7 0
0 1
OOOO
7057
OLIO
Woollen, and Cotton
0
and Woollen Mix-
0
tures, &c.
5 per cent. ad valorem. per 100 catties
3 000
0 0 7 0 48 Woollen Yarn
Dutch Camlets, per Chang of 141 inches 0 1 Camlets Imitation ditto, Bomba-
zettes, &c.
•
ditto
ditto
0 0 3 5
[All Articles unenumerated in this Tariff, 5 per cent, ad valorem.]
GENERAL REGULATIONS, under which the British Trade is to be conducted at the Five Ports of Canton, Amoy, Foochowfoo, Ningpo, and Shanghai.
I. Pilots.
WHENEVER a British merchantman shall arrive off any of the five ports opened to trade, viz., Canton, Foochowfoo, Amoy, Ningpo, or Shanghai, pilots shall be allowed to take her immediately into port; and, in like manner, when such British ship shall have settled all legal duties and charges, and is about to return home, pilots shall be immediately granted to take her out to sea, without any stoppage or delay.
Regarding the remuneration to be given these pilots, that will be equitably settled by the British Consul appointed to each particular port, who will determine it with due reference to the distance gone over, the risk run, &c.
II. Custom-house Guards.
The Chinese Superintendent of Customs at each port will adopt the means that he may judge most proper to prevent the revenue suffering by fraud or smuggling. Whenever the pilot shall have brought any British merchantman into port, the Superintendent of Customs will depute one or two trusty Custom-house officers, whose duty it will be to watch against frauds on the revenue. These will either live in a boat of their own, or stay on board the English ship, as may best suit their convenience. Their food and expenses will be supplied them from day to day from the Custom-house, and they may not exact any fees whatever from either the Commander or Consignee. Should they violate this regulation, they shall be punished porportionately to the amount so exacted.
III. Masters of Ships reporting themselves on arrival.
Whenever a British vessel shall have cast anchor at any one of the above-mentioned ports, the Captain will, within four and twenty hours after arrival, proceed to the British Consulate, and deposit his ship's papers, bills of lading, manifest, &c., in the hands of the Consul; failing to do which, he will subject himself to a penalty of two hundred dollars.
For presenting a false manifest, the penalty will be five hundred dollars.
For breaking bulk and commencing to discharge, before due per- mission shall be obtained, the penalty will be five hundred dollars, and confiscation of the goods so discharged.
The Consul, having taken possession of the ship's papers, will imme- diately send a written communication to the Superintendent of Customs, specifying the register tonnage of the ship, and the particulars of the cargo she has on board; all of which being done in due form, permission will then be given to discharge, and the duties levied as provided for in the Tariff.
11
IV. Commercial Dealings between English and Chinese Merchants.
It having been stipulated that English merchants may trade with whatever native merchants they please,-should any Chinese merchant fraudulently abscond or incur debts which he is unable to discharge, the Chinese authorities, upon complaint being made thereof, will of course do their utmost to bring the offender to justice; it must, however, be distinctly understood, that if the defaulter really cannot be found, or be dead, or bankrupt, and there be not wherewithal to pay, the English merchants may not appeal to the former custom of the Hong Merchants paying for one another, and can no longer expect to have their losses made good to them.
V. Tonnage Dues.
Every English merchantman, on entering any one of the above-men- tioned five ports, shall pay tonnage-dues at the rate of five mace per register-ton, in full of all charges. The fees formerly levied on entry and departure, of every description, are henceforth abolished.
VI. Import and Export Duties.
Goods, whether imported into, or exported from, any one of the above-mentioned five ports, are henceforward to be taxed according to the Tariff as now fixed and agreed upon, and no further sums are to be levied beyond those which are specified in the Tariff; all duties incurred by an English merchant-vessel, whether on goods imported or exported, or in the shape of tonnage-dues, must first be paid up in full; which done, the Superintendent of Customs will grant a port-clearance, and this being shown to the British Consul, he will thereupon return the ship's papers, and permit the vessel to depart.
VII. Examination of Goods at the Custom-house.
Every English merchant, having cargo to load or discharge, must give due intimation thereof, and hand particulars of the same to the Consul, who will immediately dispatch a recognized linguist of his own establishment to communicate the particulars to the Superintendent of Customs, that the goods may be duly examined, and neither party sub- jected to loss. The English merchant must also have a properly qualified person on the spot to attend to his interests when his goods are being examined for duty, otherwise, should there be complaints, these cannot be attended to.
Regarding such goods as are subject by the Tariff to an ad valorem duty, if the English merchant cannot agree with the Chinese officer in fixing a value, then each party shall call two or three merchants to look at the goods, and the highest price at which any of these merchants would be willing to purchase, shall be assumed as the value of the goods.
To fix the tare on any article, such as tea; if the English merchant cannot agree with the Custom-house officer, then each party shall choose so many chests out of every hundred, which being first weighed in gross, shall afterwards be tared, and the average tare upon these chests shall be assumed as the tare upon the whole; and upon this principle shall the tare be fixed upon all other goods in packages.
If there should still be any disputed points which cannot be settled, the English merchant may appeal to the Consul, who will communicate the particulars of the case to the Superintendent of Customs, that it may be equitably arranged. But the appeal must be made on the same day, or it will not be regarded. While such points are still open, the Super-
C 2
84
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12
13
intendent of Customs will delay to insert the same in his books, thus affording an opportunity that the merits of the case may be duly tried and sifted.
VIII. Manner of Paying the Duties.
It is hereinbefore provided, that every English vessel that enters any one of the five ports, shall pay all duties and tonnage-dues before she be permitted to depart. The Superintendent of Customs will select certain shroffs, or banking establishments, of known stability, to whom he will give licences, authorizing them to receive duties from the English mer- chants on behalf of Government, and the receipt of these shroffs for any In the moneys paid them shall be considered as a Government voucher. paying of these duties, different kinds of foreign money may be made use of; but as foreign money is not of equal purity with sycee silver, the English Consuls appointed to the different ports will, according to time, place, and circumstances, arrange with the Superintendents of Customs at each, what coins may be taken in payment, and what per centage may be necessary to make them equal to standard or pure silver.
IX. Weights and Measures.
Sets of balance-yards for the weighing of goods, of money-weights, and of measures, prepared in exact conformity to those hitherto in use at the Custom-house of Canton, and duly stamped and sealed in proof thereof, will be kept in possession of the Superintendent of Customs, and also at the British Consulate at each of the five ports, and these shall be the standards by which all duties shall be charged, and all sums paid to Government. In case of any dispute arising between British merchants and Chinese officers of Customs, regarding the weights or measures of goods, reference shall be made to these standards, and disputes decided accordingly.
X. Lighters or Cargo Boats.
Whenever any English merchant shall have to load or discharge cargo, he may hire whatever kind of lighter or cargo-boat he pleases, and the sum to be paid for such boat can be settled between the parties them- selves, without the interference of Government. The number of these boats shall not be limited, nor shall a monopoly of them be granted to any parties. If any smuggling take place in them, the offenders will of course be punished according to law. Should any of these boat-people, while engaged in conveying goods for English merchants, fraudulently abscond with the property, the Chinese authorities will do their best to apprehend them; but, at the same time, the English merchants must take every due precaution for the safety of their goods.
XI. Transshipment of Goods.
No English merchant-ships may transship goods without special per- mission: should any urgent case happen where transshipment is necessary, the circumstances must first be submitted to the Consul, who will give a certificate to that effect, and the Superintendent of Customs will then send a special officer to be present at the transshipment. If any one presumes to transship without such permission being asked for and obtained, the whole of the goods so illicitly transshipped will be confiscated.
XII. Subordinate Consular Officers.
At any place selected for the anchorage of the English merchant- ships, there may be appointed a subordinate Consular officer, of approved good conduct, to exercise due control over the seamen and others. He must exert himself to prevent quarrels between the English seamen and natives, this being of the utmost importance. Should any thing of the kind unfortunately take place, he will in like manner do his best to arrange it amicably. When sailors go on shore to walk, officers shall be required to accompany them; and should disturbances take place, such officers will be held responsible. The Chinese officers may not impede natives from coming alongside the ships to sell clothes or other necessaries to the sailors living on board.
XIII. Disputes between British Subjects and Chinese.
Whenever a British subject has reason to complain of a Chinese, he must first proceed to the Consulate and state his grievance; the Consul will thereupon inquire into the merits of the case, and do his utmost to arrange it amicably. In like manner, if a Chinese have reason to com- plain of a British subject, he shall no less listen to his complaint, and endeavour to settle it in a friendly manner. If an English merchant have occasion to address the Chinese authorities, he shall send such address through the Consul, who will see that the language is becoming; and, if otherwise, will direct it to be changed, or will refuse to convey the address. If, unfortunately, any disputes take place of such a nature that the Consul cannot arrange them amicably, then he shall request the assistance of a Chinese officer, that they may together examine into the merits of the case, and decide it equitably. Regarding the punishment of English criminals, the English Government will enact the laws neces- sary to attain that end, and the Consul will be empowered to put them in force; and regarding the punishment of Chinese criminals, these will be tried and punished by their own laws, in the way provided for by the correspondence which took place at Nanking, after the concluding of the peace.
XIV. British Government Cruizers anchoring within the Ports.
An English Government cruizer will anchor within each of the five ports, that the Consul may have the means of better restraining sailors and others, and preventing disturbances. But these Government cruizers are not to be put on the same footing as merchant-vessels; for, as they bring no merchandize and do not come to trade, they will of course pay neither dues nor charges. The Resident Consul will keep the Super- intendent of Customs duly informed of the arrival and departure of such Government cruizers, that he may take his measures accordingly.
XV. On the Security to be given for British Merchant-Vessels.
It has hitherto been the custom, when an English vessel entered the port of Canton, that a Chinese Hong Merchant stood security for her, and all duties and charges were paid through such security-merchant; but these security-merchants being now done away with, it is understood, that the British Consul will henceforth be security for all British mer- chant-ships entering any of the aforesaid five ports.
85
Treaty
hanting
otter Brumments.
aul
SUPPLEMENTARY TREATY
BETWEEN
HER MAJESTY
AND
T.
- - -
86
THE EMPEROR OF CHINA,
Signed at Hoomun-Chae, October 8, 1843.
WITH OTHER DOCUMENTS RELATING THERETO.
Presented to both Houses of Parliament by Command of Her Majesty, 1844.
LONDON:
PRINTED BY T. R. HARRISON.
SUPPLEMENTARY TREATY
BETWEEN
HER MAJESTY
AND
THE EMPEROR OF CHINA,
Signed at Hoomun-Chae, October 8, 1843.
WITH OTHER DOCUMENTS RELATING THERETO.
WHEREAS a Treaty of perpetual Peace and Friendship between Her Majesty the Queen of the United Kingdom of Great Britain and Ireland, and His Majesty the Emperor of China, was concluded at Nanking, and signed on board Her said Majesty's ship "Cornwallis" on the 29th day of August, A. D. 1842, corresponding with the Chinese date of the 24th day of the 7th month, of the 22nd year of Taoukwang, of which said Treaty of perpetual Peace and Friendship, the Ratifications, under the respective Seals and Signs Manual of the Queen of Great Britain, &c., and the Emperor of China, were duly exchanged at Hong-Kong on the 26th day of June, A. D. 1843, corresponding with the Chi- nese date the 29th day of the fifth month, in the 23rd year of Taoukwang; and whereas in the said Treaty it was provided (amongst other things), that the five ports of Canton, Foochowfoo, Amoy, Ningpo, and Shanghai, should be thrown open for the resort and residence of British merchants, and that a fair and regular Tariff of Export and Import duties, and other dues, should be esta- blished at such ports; and whereas various other matters of detail, connected with, and bearing relation to the said Treaty of perpetual Peace and Friendship, have been since under the mutual discussion and consideration of the Plenipoten- tiary and accredited Commissioners of the High Contracting Parties; and the said Tariff and details having been now finally examined into, adjusted, and agreed upon, it has been determined to arrange and record them in the form of a Sup- plementary Treaty of Articles, which Articles shall be held to be as binding, and of the same efficacy, as though they had been inserted in the original Treaty of perpetual Peace and Friendship.
ARTICLE I.
The Tariff of Export and Import duties, which is hereunto attached under the seals and signatures of the respective Plenipotentiary and Commissioners, shall henceforward be in force at the five ports of Canton, Foochowfoo, Amoy, Ning- po, and Shanghai.
ARTICLE II.
The General Regulations of Trade, which are hereunto attached under the seals and signatures of the respective Plenipotentiary and Commissioners, shall henceforward be in force at the five aforenamed ports.
ARTICLE III.
All penalties enforced or confiscations made under the third clause of the said General Regulations of Trade, shall belong and be appropriated to the public service of the Government of China.
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87
1
4
ARTICLE IV.
After the five ports of Canton, Foochow, Amoy, Ningpo, and Shanghai, shall be thrown open, English merchants shall be allowed to trade only at those five ports. Neither shall they repair to any other ports or places, nor will the Chinese people at any other ports or places be permitted to trade with them. If English merchant-vessels shall, in contravention of this agreement, and of a Pro- clamation to the same purport, to be issued by the British Plenipotentiary, repair to any other ports or places, the Chinese Government Officers shall be at liberty to seize and confiscate both vessels and cargoes; and should Chinese people be discovered clandestinely dealing with English merchants at any other ports or places, they shall be punished by the Chinese Government in such manner as the law may direct.
ARTICLE V.
The fourth clause of the General Regulations of Trade, on the subject of commercial dealings and debts between English and Chinese merchants, is to be clearly understood to be applicable to both parties.
ARTICLE VI.
It is agreed that English merchants and others residing at, or resorting to, the five ports to be opened, shall not go into the surrounding country beyond certain short distances to be named by the local authorities, in concert with the British Consul, and on no pretence for purposes of traffic. Seamen and persons belonging to the ships shall only be allowed to land under authority and rules which will be fixed by the Consul, in communication with the local officers; and should any persons whatever infringe the stipulations of this Article, and wander away into the country, they shall be seized and handed over to the British Consul for suitable punishment.
ARTICLE VII.
The Treaty of perpetual Peace and Friendship provides for British subjects and their families residing at the cities and towns of Canton, Foochow, Amoy, Ningpo, and Shanghai, without molestation or restraint. It is accordingly determined that ground and houses, the rent or price of which is to be fairly and equitably arranged for, according to the rates prevailing amongst the people, without exaction on either side, shall be set apart by the local officers, in commu- nication with the Consul, and the number of houses built, or rented, will be reported annually to the said local officers by the Consul, for the information of their respective Viceroys and Governors; but the number cannot be limited, seeing that it will be greater or less, according to the resort of merchants.
ARTICLE VIII.
The Emperor of China having been graciously pleased to grant to all foreign countries whose subjects or citizens have hitherto traded at Canton, the privilege of resorting for purposes of trade to the other four ports of Foochow, Amoy, Ningpo, and Shanghai, on the same terms as the English, it is further agreed, that should the Emperor hereafter, from any cause whatever, be pleased to grant additional privileges or immunities to any of the subjects or citizens of such foreign countries, the same privileges and immunities will be extended to, and enjoyed by, British subjects; but it is to be understood, that demands or requests are not on this plea to be unnecessarily brought forward.
ARTICLE IX.
If lawless natives of China, having committed crimes or offences against their own Government, shall flee to Hong-Kong, or to the English ships of war,
5
or English merchant-ships, for refuge, they shall, if discovered by the English officers, be handed over at once to the Chinese officers for trial and punishment; or if, before such discovery be made by the English officers, it should be ascer- tained or suspected by the officers of the Government of China whither such criminals and offenders have fled, a communication shall be made to the proper English officer, in order that the said criminals and offenders may be rigidly searched for, seized, and, on proof or admission of their guilt, delivered In like manner, if any soldier or sailor, or any other person, whatever his caste or country, who is a subject of the Crown of England, shall, from any cause or on any pretence, desert, fly, or escape into the Chinese territory, such soldier or sailor, or other person, shall be apprehended and confined by the Chinese Autho- rities, and sent to the nearest British Consular or other Government officer. In neither case shall concealment or refuge be afforded.
ARTICLE X.
up.
At each of the five ports to be opened to British merchants, one English cruizer will be stationed to enforce good order and discipline amongst the crews of merchant shipping, and to support the necessary authority of the Consul over British subjects. The crew of such ship of war will be carefully restrained by the officer commanding the vessel, and they will be subject to all the rules regarding going on shore and straying into the country, that are already laid down for the crews of merchant-vessels. Whenever it may be necessary to relieve such ships of war by another, intimation of that intention will be commu- nicated by the Consul, or by the British Superintendent of Trade, where circumstances will permit, to the local Chinese Authorities, lest the appearance of an additional ship should excite misgivings amongst the people; and the Chinese cruizers are to offer no hindrance to such relieving ship, nor is she to be con- sidered liable to any port-charges, or other rules laid down in the General Regulations of Trade, seeing that British ships of war never trade in any shape.
ARTICLE XI.
The posts of Chusan and Koolangsoo will be withdrawn, as provided for in the Treaty of perpetual Peace and Friendship, the moment all the monies stipu- lated for in that Treaty shall be paid; and the British Plenipotentiary distinctly and voluntarily agrees, that all dwelling-houses, store-houses, barracks, and other buildings that the British troops or people may have occupied, or intermediately built or repaired, shall be handed over, on the evacuation of the posts, exactly as they stand, to the Chinese Authorities, so as to prevent any pretence for delay, or the slightest occasion for discussion or dispute on those points.
ARTICLE XII.
A fair and regular Tariff of duties and other dues having now been established, it is to be hoped that the system of smuggling which has hereto- fore been carried on between English and Chinese merchants-in many cases with the open connivance and collusion of the Chinese Custom-house officers- will entirely cease; and the most peremptory Proclamation to all English mer- chants has been already issued on this subject by the British Plenipotentiary, who will also instruct the different Consuls to strictly watch over, and carefully scrutinize, the conduct of all persons, being British subjects, trading under his superintendence. In any positive instance of smuggling transactions coming to the Consul's knowledge, he will instantly apprize the Chinese Authorities of the fact, and they will proceed to seize and confiscate all goods, whatever their value or nature, that may have been so smuggled, and will also be at liberty, if they see fit, to prohibit the ship from which the smuggled goods were landed, from trading further, and to send her away, as soon as her accounts are adjusted and paid. The Chinese Government officers will, at the same time, adopt what- ever measures they may think fit with regard to the Chinese merchants and Custom-house officers, who may be discovered to be concerned in smuggling.
88
}
6
ARTICLE XIII.
All persons,
whether natives of China or otherwise, who may wish to convey goods from any one of the five ports of Canton, Foochowfoo, Amoy, Ningpo, and Shanghai, to Hong-Kong, for sale or consumption, shall be at full and perfect liberty to do so, on paying the duties on such goods, and obtaining a pass, or port clearance, from the Chinese Custom-house at one of the said ports. Should natives of China wish to repair to Hong-Kong to purchase goods, they shall have free and full permission to do so; and should they require a Chinese vessel to carry away their purchases, they must obtain a pass, or port-clearance, for her at the Custom-house of the port whence the vessel may sail for Hong-Kong. It is further settled, that in all cases these passes are to be returned to the officers of the Chinese Government, as soon as the trip for which they may be granted shall be completed.
ARTICLE XIV.
An English officer will be appointed at Hong-Kong, one part of whose duty will be to examine the registers and passes of all Chinese vessels that may repair to that port to buy or sell goods; and should such officer at any time find that any
Chinese merchant-vessel has not a pass, or register, from one of the five ports, she is to be considered as an unauthorized or smuggling vessel, and is not to be allowed to trade, whilst a report of the circumstance is to be made to the Chinese Authorities. By this arrangement, it is to be hoped that piracy and illegal traffic will be effectually prevented.
ARTICLE XV.
Should natives of China who may repair to Hong-Kong to trade, incur debts there, the recovery of such debts must be arranged for by the English Courts of Justice on the spot; but if the Chinese debtor shall abscond and be known to have property, real or personal, within the Chinese territory, the rule laid down in the fourth clause of the General Regulations for Trade shall be applied to the case; and it will be the duty of the Chinese Authorities, on appli- cation by, and in concert with, the British Consuls, to do their utmost to see justice done between the parties. On the same principle, should a British merchant incur debts at any of the five ports, and fly to Hong-Kong, the British Authorities will, on receiving an application from the Chinese Govern- ment officers, accompanied by statements and full proofs of the debts, institute an investigation into the claims, and, when established, oblige the defaulter or debtor to settle them to the utmost of his means.
ARTICLE XVI.
It is agreed, that the Custom-house officers at the five ports shall make a monthly return to Canton, of the passes granted to vessels proceeding to Hong- Kong, together with the nature of their cargoes; and a copy of these returns will be embodied in one return, and communicated once a-month to the proper English officer at Hong-Kong. The said English officer will, on his part, make a similar return or communication to the Chinese Authorities at Canton, showing the names of Chinese vessels arrived at Hong-Kong, or departed from that port, with the nature of their cargoes; and the Canton Authorities will apprize the Custom-houses at the five ports, in order that, by these arrange- ments and precautions, all clandestine and illegal trade, under the cover of passes, may be averted.
XVII, OR ADDITIONAL ARTICLE.
Relating to British Small Craft.
Various small vessels belonging to the English nation, called schooners, cutters, lorchas, &c., &c., have not hitherto been chargeable with tonnage dues.
!
7
It is now agreed, in relation to this class of vessels which ply between Hong-Kong and the city, and the city and Macao, that if they only carry passengers, letters, and baggage, they shall, as heretofore, pay no tonnage dues; but if these small craft carry any dutiable articles, no matter how small the quantity may be, they ought, in principle, to pay their full tonnage dues. But this class of small craft are not like the large ships which are engaged in foreign trade; they are con- stantly coming and going; they make several trips a month, and are not like the large foreign ships, which, on entering the port, cast anchor at Whampoa. If we were to place them on the same footing as the large foreign ships, the charge would fall unequally; therefore after this, the smallest of these craft shall be rated at 75 tons, and the largest not to exceed 150 tons; whenever they enter the port (or leave the port with cargo) they shall pay tonnage dues at the rate of one mace per ton register. If not so large as 75 tons, they shall still be considered and charged as of 75 tons; and if they exceed 150 tons, they shall be considered as large foreign ships, and, like them, charged tonnage dues, at the rate of five mace per register ton. Foochow and the other ports having none of this kind of intercourse, and none of this kind of small craft, it would be unnecessary to make any arrangement as regards them.
The following are the rules by which they are to be regulated :- 1st. Every British schooner, cutter, lorcha, &c., shall have a sailing letter or register in Chinese and English, under the seal and signature of the Chief Superintendent of Trade, describing her appearance, burthen, &c., &c.
2nd. Every schooner, lorcha, and such vessel, shall report herself, as large vessels are required to do, at the Bocca Tigris; and when she carries cargo, she shall also report herself at Whampoa, and shall, on reaching Canton, deliver up her sailing letter or register to the British Consul, who will obtain permission from the Hoppo for her to discharge her cargo, which she is not to do without such permission, under the forfeiture of the penalties laid down in the 3rd clause of the General Regulations of Trade.
3rd. When the inward cargo is discharged, and an outward one (if in- tended) taken on board, and the duties on both arranged and paid, the Consul will restore the register or sailing letter, and allow the vessel to depart.
This Supplementary Treaty, to be attached to the original Treaty of Peace, consisting of sixteen Articles, and one additional Article relating to small vessels, is now written out, forming, with its accompaniments, four pamphlets, and is formally signed aud sealed by their Excellencies the British Plenipo- tentiary, and the Chinese Imperial Commissioner, who, in the first instance, take two copies each, and exchange them, that their provisions may be immediately carried into effect. At the same time, each of these high functionaries, having taken his two copies, shall duly memorialize the Sovereign of his nation; but the two countries are differently situated as respects distance, so that the will of the one Sovereign can be known sooner than the will of the other. It is now therefore agreed, that on receiving the gracious Assent of the Emperor in the Vermilion Pencil, the Imperial Commissioner will deliver the very document containing it into the hands of his Excellency Hwang, Judge of Canton, who will proceed to such place as the Plenipotentiary may appoint, and deliver it to the English Plenipotentiary, to have and to hold. Afterwards, the Sign Manual of the Sovereign of England having been received at Hong-Kong, likewise gra- ciously assenting to and confirming the Treaty, the English Plenipotentiary will despatch a specially appointed officer to Canton, who will deliver the copy con- taining the Royal Sign Manual to his Excellency Hwang, who will forward it to the Imperial Commissioner, as a rule and a guide to both nations for ever, and as a solemn confirmation of our Peace and Friendship.
A most important Supplementary Treaty.
Signed and sealed at Hoomun-Chae, on the Eighth day of October, 1843, corresponding with the Chinese date of the Fifteenth day of the Eighth moon, of the 23rd year of Taoukwang.
(L.S.)
HENRY POTTINGER.
Seal and Signature of the
Chinese Plenipotentiary.
89
F
1
8
00
9
+
Proclamation issued by Sir Henry Pottinger.
SIR HENRY POTTINGER, Bart., G.C.B., Her Britannick Majesty's Plenipotentiary, &c., &c., in China, has the gratification to announce, for the general information and guidance of all subjects of Her said Majesty, that he has concluded and sealed, with the High Commissioner appointed by His Imperial Majesty the Emperor of China to treat with him, a Commercial Treaty, stipulated for in the Definitive Treaty of Peace, signed at Nanking on the 29th day of August, 1842, and the ratifications of which Definitive Treaty of Peace have been lately exchanged under the Signs Manual and Seals of Her Majesty the Queen of Great Britain and Ireland, &c., and His Majesty the Emperor of China.
Her Britannick Majesty's Plenipotentiary, &c., now publishes the Export and Import Tariff, and the Regulations of trade, which have been, after the most searching scrutiny and examination, fixed and finally agreed upon, and which Tariff and Regulations of trade are to be promulgated in Chinese, simultaneously with this Proclamation, accompanied by a Proclamation on the part of the Imperial Commissioner, &c.
Her Britannick Majesty's Plenipotentiary, &c., trusts, that the provisions of the Commercial Treaty will be found in practice mutually advantageous, beneficial, and just, as regards the interests, the honour, and the future augmented prosperity of the Governments of the two mighty Contracting Empires, and their subjects: and his Excellency most solemnly and urgently calls upon all subjects of the British Crown, individually and collectively, by their allegiance to their Sovereign, by their duty to their country, by their own personal reputation, respect, and good name, and by the integrity and honesty which is due from them as men, to the imperial rights of the Emperor of China, not only to strictly conform and act up to the said pro- visions of the Commercial Treaty, but to spurn, decry, and make known to the world, any base, unprincipled, and traitorous overtures which they, or their agents or employés, may receive from, or which may be in any shape made to them, by any subject of China-whether officially connected with the Government, or not-towards entering into any collusion or scheme for the purpose of evading, or acting in contravention of, the said provisions of the Commercial Treaty.
Her Britannick Majesty's Plenipotentiary, &c., will not allow himself to anticipate or suppose, that the appeal which he now makes to all Her Majesty's subjects will be unheeded, or overlooked, by even a single indivi- dual; but at the same time it is his duty, in the responsible and unprece- dented situation in which he has been placed by the course of events, to distinctly intimate, that he is determined, by every means at his disposal, to see the provisions of the Commercial Treaty fulfilled by all who choose to engage in future in commerce with China; and that in any case where he may receive well-grounded representations from Her Majesty's Consuls, or from the Chinese Authorities, that such provisions of the Commercial Treaty have been evaded (or have been attempted to be so), he will adopt the most stringent and decided measures against the offending parties; and where his present powers may not fully authorize and sanction such measures as may seem to him fitting, he will respectfully trust that the Legislature of Great Britain will hold him indemnified for adopting them, in an emergency directly compromising the national honour, dignity, and good faith in the estimation of the Government of China, and in the eyes of all other nations.
GOD SAVE THE QUEEN.
Dated at Government-House, at Victoria, Hong-Kong,
this 22nd day of July, 1843.
HENRY POTTINGER.
ነ
{
1
i
Proclamation issued by the Imperial Commissioner, &c.
KEYING, High Commissioner, &c., &c., Kekung, Governor-General, &c., and Ching-yuet-sai, Governor, &c., issue this Proclamation for the purpose
of giving clear information and commands.
Whereas, when the English had last year ceased from hostilities, our august Sovereign granted them commercial intercourse at Canton and at four other ports, and was graciously pleased to sanction the Treaty that had been concluded the ratifications of that Treaty have
Treaty have now therefore been exchanged, and commercial regulations have been agreed upon, and a Tariff of Duties, wherein all fees and presents are abolished, has been distinctly settled. These, as soon as the High Commissioner, with the Governor- General and Governor, shall have received the replies of the Board of Revenue, shall be promulgated, and shall become the rules to be observed in the various ports. The Tariff of Duties will then take effect with reference to the com- merce with China of all countries, as well as of England.
Henceforth, then, the weapons of war shall for ever be laid aside, and joy and profit shall be the perpetual lot of all: neither slight nor few will be the advantages reaped by the merchants, alike of China and of foreign countries. From this time forward all must free themselves from prejudice and suspicions, pursuing each his proper avocation, and careful always to retain no inimical feelings from the recollection of the hostilities that have before taken place. For such feelings and recollections can have no other effect than to hinder the growth of a good understanding between the two people.
With regard to Foochow, Amoy, Ningpo, and Shanghai, the four ports which, by His Imperial Majesty's gracious permission, are now newly opened for trade, it is requisite that the replies of the Board of Revenue should be received before the commerce of those ports should be actually thrown open. But Canton has been a mart for English trade during more than two centuries past; and therefore, the new regulations having been decided upon, they ought at once to be brought into operation, that the far-travelled merchants may not be any longer detained in the outer seas, disappointed in all their anticipations. The High Commissioner, the Governor-General, and the Governor, have therefore, in concert with the Superintendent of Customs, determined, in fulfilment of their august Sovereign's gracious desire to cherish tenderly men from afar, that a commencement shall be made with the opening of the Port of Canton under the new regulations, on the 1st of the 7th month. The wishes of the merchants will thus, it is hoped, be met.
The Island of Hong-Kong having been, by the gracious pleasure of His august Majesty, granted as a place of residence to the English nation, the merchants of that nation, who will proceed from thence to the various ports will be numerous; and such vessels as they may engage to convey them to and fro will therefore be required to lie under no restrictions, but merely to accept engagements at fair and just rates. If, however, such passengers convey goods in the same boats with the view of evading the dues of Govern- ment, they shall be subject to such fines as the law shall direct. Should merchants of China desire to proceed to the Island of Hong-Kong aforesaid, to trade, they will be required only to report themselves to the next custom- house, and to pay the duties on their merchandize according to the new Tariff, obtaining a pass before they quit port to commence their traffick. Any who may dare to go and trade without having requested such a pass, on discovery shall be dealt with as offenders of the laws against clandestine traffick, and against contumacious visiting of the open seas.
As to those natives of China who, in past days, may have served the English soldiery or others with supplies, and may have been apprehended in consequence, the High Commissioner has obtained from the good, favour of his august Sovereign, vast and boundless as that of Heaven itself, the remis- sion of their punishment for all past deeds; and any such who may not yet have been brought to trial are therefore no longer to be sought after, while all who may have been seized and brought before Government are granted a free pardon. All persons of this class must then attend quietly to their avo-
C
90
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10
cations, with a diligent pursuit of every thing that is good and right: they need entertain no apprehension of being hereafter dragged forward, nor yield in consequence to any fears or suspicions.
With reference to the arrangements which the High Commissioner and his colleagues have made in regard to duties, every thing has been done with a single eye to a just impartiality: all merchants, then, whether of China or of foreign countries, are called upon to consider the many pains that the High Commissioner and his colleagues have taken, and by all means to abide in the quiet pursuit of their respective callings, and in the enjoyment of so auspicious a peace. From henceforward amity and goodwill shall ever con- tinue, and those from afar and those who are near shall perpetually rejoice together. Such is the fervent hope of the High Commissioner and his col- leagues; and in this hope they command implicit obedience to what is now thus specially promulgated.
A true Translation, (Signed)
J. ROBT. MORRISON, Chinese Secretary and Interpreter.
TARIFF OF DUTIES ON THE FOREIGN TRADE WITH CHINA.
2 Aniseed, Star
•
8 Bone and Horn Ware
9 Camphor.
10 Canes of all kinds
11 Capoor Cutchery
12 Cassia
Ditto Buds
•
13 China Root
14 China Ware, all kinds
17 Corals (or False Coral)
18 Crackers and Fire-Works
per thousand
116075
HOO5OO
25
0 10 10 09 DOOQ 10 10
1000-5000
OO
10 10
OO
☺☺
39 Pictures, viz., large Paint-
ings
40 Paper Fans
41 Paper of all kinds
42 Pearls, (ie.,false Pearls)
kinds, Satins,
0
☐☐☐ O
OOOO O
1I55 LO
5
0
0
0 0
0
OOO
520
000
OOO
0
0
0
2 5 0 0
NO
1110
1000
5005
23 Gold and Silver Thread:
first quality, or real. second ditto, or imitation 24 Gums, Benjamin
Olibanum
11
91
IMPORTS.
T. M. C. C.
1 Assafœtida
per 100 catties
0
22 Ginseng, first quality
•
per 100 catties 38 0
T. M. C. C
0 0
2 Bees' Wax
ditto
0
3 Betel Nut.
ditto
0
Ditto second ditto, or
refuse
ditto
3 500
4 Bicho de Mar, first quality,
or blk.
ditto
0800
per catty
0
Bicho de Mar, second
quality, or wht.
ditto
0
ditto
0 2 0 0
·
•
per 100 catties
1
ditto
0
ditto
5
0 0 0
ditto
0
1005LO
3
3 0
0 0
0 0
0
----O
0
Birds' Nests, second qua
lity, good middling. Birds' Nests, third quality,
uncleaned
ditto
2
5 0 0
ditto
0 5 0 0
26 Horns, Unicorns' or Rhi-
noceros'
per catty
1 0 0 0
ditto 100 catties
ditto
0 5 0 0
1 5 0
0
0 5 0
5 Birds' Nests, first quality,
cleaned
6 Camphor (Malay), first
quality, clean. Camphor, second quality,
refuse
7 Cloves, first quality, picked per
Ditto, second ditto, mother
8 Clocks, Watches, Spy-
Glasses, all kinds of Writing-Desks, Dress- ing Boxes, Cutlery, Perfumery, &c., &c.
9 Canvas, 30 a 40 yards long, 24 a 31 inches wide
12 Cotton
13 Cotton Manufactures, viz,:
Long Cloths, white, 30
a 40 yards long, 30 a 36 inches wide Cambricks and Muslins, 20 a 24 yards long, 40 a 46 inches wide Grey or Unbleached
Cottons, viz.:
Long Cloths, Domes-
tics, &c., &c., 30 a 40 yards long, 28 a 40 inches wide . Grey Twilled Cottons, 30 a 40 yards long, 28 a 40 inches wide Chintz and Prints of
LO
5 per cent. ad valorem.
per piece
05000
per 100 catties per 100 stones per 100 catties 10 0
ditto
OOOO O
OOO
OOOOO
Myrrh
•
•
Gums, unenumerated
25 Horns, Bullocks' and Buf-
falos'
10 per cent. ad valorem
per 100 catties
·
27 Linen, fine, as Irish or Scotch yards long,
inches wide Coarse Linen, as Linen and Cotton Mixtures, Silk and Linen Mix- tures, &c. &c.
•
28 Mace, or Flower of Nut-
meg
Copper,
1
2 0 0 0
ditto
3 0 0 0
per piece
0 5 0 0
5 per cent. ad valorem.
•
•
29 Mother of Pearl Shells 30 Metals, viz.:-
•
per 100 catties 1
ditto
0
0
0
OO
OO
0
0
unmanufac-
5 0 0
tured, as in pigs
ditto
1
0
0 0
0 0 0
Copper, manufactured,
5
0
0
as in sheets, rods
ditto
1
5 0 0
0
0
Iron, unmanufactured,
0
as in pigs
ditto
0 1 0 0
Iron, manufactured, as
in bars, rods, &c.
ditto
•
0 1 5 0
ditto
0 4 0 0
ditto
3 0
0 0
ditto
0 4 0 0
ditto
1 0 0
0
ditto
0 4 0
0 4
per piece
0 1 5 0
ditto
0 1 5 0
Lead in pigs, or manu-
factured
Quicksilver
Steel, unmanufactured Tin
Tin Plates.
Unenumerated Metals.
31 Nutmegs, first quality, or
cleaned
Nutmegs, second quality,
or uncleaned
10 per cent. ad valorem.
per 100 catties 2000
0
ditto
0 1 0 0
32 Pepper.
33 Putchuck
ditto
0 1 0 0 34 Rattans
35 Rice, Paddy, and Grain of
all kinds
EXPORTS.
T.
M.
C. C.
T. M. C. C.
•
1 Alum
per 100 catties 0
0 0
10 Cochineal
•
ditto
0
0 0
each
0
0
0
11 Cornelians
Ditto,
Oil of.
ditto
0 0
Rice Paper Pictures
per 100 pictures 0
0
0
Ditto Beads
3 Arsenic
ditto
0
5
0
per 100 catties
0
0
0
4 Bangles (or Glass Armlets)
ditto
0
0 0
ditto
0
0
0
5 Bamboo Screens and Bam-
ditto
boo Ware of all kinds
ditto
0
0 0
43 Preserves and Sweet-
6 Brass leaf
ditto
1
0 0
meats of all kinds
ditto
7 Building Materials
Duty free.
per 100 catties
1
0 0
44 Rattan work of all kinds 45 Rhubarb
ditto
ditto
1
•
ditto
5
0 0
46 Silk, Raw, whether from
5
0
0
Chekiang, Canton, or
per
100 catties
3
0 0
elsewhere, all kinds
ditto
10 0 0 0
ditto
7
5 0
Coarse, or refuse of
ditto
0
0
Silk
ditto
Ditto Oil
ditto
0
0 0
Organzine, all kinds
ditto
10 0 0 0
ditto
2
0 0
Ribbons, Thread, &c.,
ditto
5 0 0
&c.
ditto
10 0 0 0
ditto
15 Clothes (ready made).
ditto
5 0 0
Silk Piece goods of all
ditto
16 Copper Ware, Pewter
as
ditto, &c.
ditto
0
5
0 0
Silks, Pongees,
ditto
ditto
0050
6472
100
0
0
0
2 0 0
ditto
0
5
0 0
of all kinds
•
19 Cubebs
ditto
0
ditto
1
·
20 Fans (as Feather Fans, &c.)
ditto
1
21 Furniture of all kinds.
ditto
0
22 Galingal
ditto
0
•
23 Gamboge.
ditto
2 0
OOOOOO
100000
750210
OLIOON
5 0
Velvets, Crapes, Lutestrings, &c., &c. N.B.-The additional
all kinds, 20 a 30
ditto
12 0 0 0
•
Duty Free.
yards long, 26 a 31
36 Rose Maloes
•
per 100 catties
1 0 0 0
inches wide
ditto
0
Duty of so much
Handkerchiefs under 1
0
0
0
0
per piece, hitherto
forth abolished.
47 Silk and Cotton mix-
levied, to be hence-
yard square Handkerchiefs above 1
yard square
each
0 2 0 0
0 0 1 0
37 Saltpetre (to be sold to
Government Agents only) 38 Shark's Fins, first quality,
or White
ditto
0 3
0 0
•
ditto
1 0 0 0
ditto
0 0 1 5
Shark's Fins, second qua-
24 Glass, and Glass Ware
tures, Silk and Wool-
of all kinds
ditto
25 Glass Beads
ditto
26 Glue (as Fish-glue, &c.)
ditto
27 Grass Cloth, all kinds.
ditto
28 Hartall
ditto
29 Ivory Ware, all kinds.
ditto
OOOOO5
0
0
0
1
0
1O 1O 1OO5O
5 0 0
5 0 0
0
0
0 0 0
OOOOOO
....OO
len mixtures, and goods
of such classes'
ditto
3000
0 0 48 Shoes and Boots, of
0 0
0
Leather, Satin, otherwise
or
ditto
0
·
49 Sandal Wood Ware
ditto
1
30 Kittysols, or Paper Um-
brellas
50 Soy
ditto
0
·
ditto
•
31 Lacquered Ware,all kinds
ditto
32 Lead (White Lead)
ditto
•
33 Lead (Red Lead)
ditto
34 Marble Slabs
ditto
O-OOO
0
0
0
35 Mats, (straw, rattan,
bamboo, &c., &c. )
36 Mother o'Pearl Ware 37 Musk
ditto
ditto
•
•
per catty
OOO O
4 2 4 2
205
010
5 0 0
51 Silver and Gold Ware
ditto
10
1 0 0
0
52 Sugar, white and brown
ditto
0
5
0
53 Sugar Candy, all kinds
ditto
0
0 5 0
0
54 Tin Foil
ditto
0
5
0
55 Tea.
ditto
2
5
56 Tobacco of all kinds
ditto
0
0 0
57 Turmeric
ditto
0
0
0
58 Tortoise-Shell Ware
ditto
10 0
0 0
59 Trunks (of Leather).
ditto
0
00000 10000000
2040 2 0 10 10 N2ON
0
0
0
Ginghams, Pullicates, Dyed Cottons, Velve- teens, Silk and Cotton Mixtures, Woollen and Cotton Mixtures, and all kinds of Fancy Goods not in current consumption
14 Cotton Yarn and Cotton
Thread
lity, or Black
ditto
0500
39 Skins and Furs, viz.:-
Cow and Ox Hides,
tanned, and untanned
ditto
Sea-Otter Skins
each
1
Fox Skins, large
ditto
Fox Skins, small
ditto
0005
6957
6510
0000
0
0
•
•
5 per cent. ad valorem
Tiger, Leopard, and
Martin Skins
ditto
0 1
•
5
0
15 Cow Bezoar.
•
3 5
0
1 per 100 catties per catty
5 0
0 0 0
Land-Otter, Racoon,
1 0 0 0
and Shark's Skins
per hundred
16 Cutch
0
per 100 catties
0 3 0
17 Elephant's Teeth, first
quality, whole
•
ditto
4 0 0
0
0
Beaver Skins
Hare, Rabbit, and Er-
mine
ditto
25
OO
0 0 0
0 0 0
•
ditto
0
Elephant's Teeth, second
0
40 Smalts
•
•
per 100 catties 4 0
quality, broken
ditto
•
0
18 Fish Maws
•
ditto
0
19 Flints
•
•
ditto
OFO
210
0
5
38 Nankeen, and Cotton
60 Treasure, i.e., Coin of
0 0 5 0
005
0
0
41 Soap 42 Stock Fish, &c. 43 Sea-Horse Teeth
ditto ditto
0 5 0
0 4 0
ditto
Cloth of all kinds
•
per 100 catties 1
0 0 0
all kinds
Free.
61 Vermilion
ditto
3 0 0 0
20 Glass, Glass Ware, and Crystal Ware, of all
kinds
2 0 0 0
Ooooo
5 0 0
0
0
0
0
•
•
[ Articles unenumerated in this Tariff, to pay a duty of 5 per cent. ad valorem.]!
21 Gambier
5
per cent. ad valorem per 100 catties
0 1 5 0
•
44 Treasure and Money of
all kinds
45 Wine, Beer, Spirits, &c.
In Quart Bottles
per 100 bottles 1 0 0 0
Free.
C 2
1
#
|
In Pint bottles
In Cask
46 Woods, namely:-
Ebony
Sandal Wood
Sapan Wood
•
Unenumerated Woods
T. M. C.
per 100 bottles 0
•
per 100 catties
0
or Gr
800
300
C.
ditto
0
1
ditto ditto
0 5
0 1
100
5 0
0
0 0
10 per cent. ad valorem.
47 Woollen Manufactures, viz. :-
Broad Cloths, Spanish
Stripes, Habit Cloth,
&c., 51 a 64 inches wide
•
per Chang of 141 inches 0 15 0
Long Ells, Cassimeres,
Flannel, and narrow
Dutch Camlets, per Chang of 141 inches O Camlets.
ditto
12
T.
M. C. C.
Cloths of this descrip- tion
per Chang of 141 inches
0 0
Blankets of all kinds
each
0
0
OOOO
7957
0110
0
Corresponding to No. in Alphabetical, i. e., English List.
0
0
0
Class VII-Exported Woods. Canes or walking sticks of all kinds
Canes, &c.
10
7 0
ditto
OO
0 0 3 5
0 1
LO LO
5
Class VIII-Exported articles of Clothing. Wearing apparel, whether of Cotton, Woollen, or Silk; formerly divided into Cotton clothing, Woollen ditto, Silk and Satin ditto, and Velvet ditto
Imitation ditto, Bomba-
zettes, &c.
•
Bunting (narrow), perChang of 141 inches O Unenumerated Woollen
Goods, or Silk and
Woollen, and Cotton
and Woollen Mix- tures, &c.
48 Woollen Yarn
•
[All Articles unenumerated in this Tariff, 5 per cent. ad valorem.]
HENRY POTTINGER.
(L.S.)
Seal and Signature
of the Chinese Plenipotentiary.
5 per cent. ad valorem.
13
92
Corresponding to No.
in Alphabetical, i. e.,
English List.
Heretofore a further charge per piece has been levied; the whole duty is now to be paid in one sum, and the further charge is abolished.
Class XI.-Exported Carpeting, Matting, &c. Mats of all kinds, as of straw, rattan, bamboo,
&c., &c.
•
35
15
•
Boots and Shoes, whether of leather, satin, or
otherwise
48
•
per 100 catties 3 0 0 0
Class XII.-Exported Preserves, &c. ARTICLES.
Preserved Ginger and Fruits of all kinds
43
Class IX-Exported Fabrics of Cotton, &c. Grass Cloth, and all Cloths of hemp or linen Nankeen, and all Cloths of Cotton (not formerly
in the Tariff)
Soy
•
•
50
Sugar, White and Brown
52
•
27
38
Sugar Candy, all kinds
53
Tobacco, prepared and unprepared, &c., &c., of all
kinds
•
56
Class X-Exported Silk, Fabrics of Silk, &c. Raw Silk, of any province
46
•
Class XIII.-All that it has not been practicable herein to include, are to be charged an ad valorem duty of five per cent.
Coarse or Refuse of Silk
46
Organzine of all kinds.
46
Silk Ribbon and Thread
46
•
Class XIV.-Gold and Silver Coin, and Gold and
Silver. Duty free.
46 47
Class XV-Bricks, Tiles, and Building Materials.
Duty free.
CHINESE RE-ARRANGEMENT OF TARIFF, UNDER CLASSES OF GOODS.
TITLE.-Tariff of Duties to be levied at the Five Ports of Canton, &c., &c., as newly established. THE Duties which it is agreed shall be paid upon goods imported and exported by England, at the Five Ports of Customs of Canton, Foochow, Amoy, Ningpo, and Shanghai, are here stated in classified order.
Corresponding to No. in Alphabetical, i. e.,
English List.
Class I.-Exported Oilman's Stores (Oil, Wax, Alum,
Sulphur, &c.)
ARTICLES.
Alum, i. e., White Alum-formerly White Alum
and Bluestone
Aniseed Oil, not formerly contained in the Tariff
do. Cassia Oil
do.
Class II.-Exported Spices, Tea, &c.
ARTICLES.
Tea, (formerly divided into fine and native black,
and fine and native green, Teas)
•
Silk and Satin Fabrics of all kinds, as crape, lute- strings, &c., &c., &c., formerly classed as silks and satins
Silk and Cotton mixed Fabrics
Class I-Imported Oilman's Stores, &c. ARTICLES.
?
Corresponding to No. in Alphabetical, i. e., English List.
Corresponding to No. in Alphabetical, i. e., English List.
Class IV-Imported Sundries.
Glass, Glass ware of all kinds, formerly classed as
Native crystal ware
Flints
24
Wax, Bees' Wax
•
2
Mother o' Pearl shells
Corresponding to No. in Alphabetical, i, e., English List.
19
29
•
Glass beads, or False pearls
25
Rose Maloes
36
Kittysols, or paper Umbrellas
30
Marble, Marble slabs, not formerly in Tariff Rice-Paper pictures
34
Saltpetre, to be sold only to the licensed Agents of
the Government
37
39
Soap
41
Paper Fans
Class V.-Imported Dried Meats, &c. ARTICLES.
40
Pearls (false), not formerly in Tariff
42
Class V-Exported Painter's Stores, &c. &c.*
Class II-Imported Spices and Perfumes. Gum Benzoin and Oil of ditto
24
•
Sandal Wood
46
Brass Leaf
6
Pepper
•
•
32
Gamboge
23
55
Red Lead
•
33
·
•
37
•
Glue, as fish glue, cow-skin glue, &c. Paper, Stationery
26
41
All other articles of this Class not included in the Tariff, to pay an ad valorem duty of Ten per cent. Perfumery
5 per cent.
Bird's nests, 1st quality, cleaned Bird's nests, 2nd quality, good middling
3rd ditto, uncleaned Bicho de Mar, 1st ditto, black
2nd ditto, white Shark's fins, 1st ditto, white
2nd ditto, black Stock fish and dried fish Fish Maws, not formerly in the Tariff.
LOLOLO 4
5
5
5
•
·
4
38
38
42
18
122
1233
Aniseed, Star
Musk
Class III.-Exported Drugs.
ARTICLES.
Class III.-Imported Drugs.
Class VI.-Imported Painter's Stores.
Camphor
Cassia
Capoor Cutchery
Arsenic, under different Chinese names
Cassia Buds, not formerly in Tariff
11
Tinfoil
9
Vermilion
3
12
Paintings (large paintings), formerly divided into.
large and small paintings
12
White Lead
45 88
Assafœtida
1
61
39
Camphor Baroos (or Malay), 1st-quality, or cleaned; formerly classed as good, and inferior, Camphor
Cochineal Smalts
•
•
•
Sapan Wood
•
10
40
46
尚古
6
32
2nd quality, refuse; formerly classed as un-
China Root
Cubebs, not formerly in Tariff
ARTICLES.
13
•
cleaned Camphor
6
Class VII-Imported Woods, Canes, &c.
19
•
Class VI.-Exported Wares of various kinds. Bone and Horn ware
Cloves, 1st quality (picked)
7
Rattans
34
•
2nd quality (Mother Cloves)
7
Ebony
46
8
Galingal
Hartall
Rhubarb
*Turmeric
2283
China Ware, fine and coarse (formerly classed as
fine, coarse, native, and middling)
Cow Bezoar
Cutch
15
16
14
Gambier
•
21
All other imported woods-as red wood, satin wood, yellow wood, &c., not included in the Tariff, 10 per cent. ad valorem,
45
·
Copper ware, and pewter ware
•
16
•
Betel Nut
·
3
57
•
Manufactures of wood, furniture
21
•
Ginseng, 1st quality, or cleaned
22
Ivory ware, all carved ivory work included, for- merly divided into ivory, and ivory Carvings
2nd
ditto, refuse, or Ginseng beard
22
Class VIII.-Imported Clocks, Watches, and Trinketry.
29
Gum Olibanum".
Class IV-Exported Sundries.
•
Bangles (glass armlets) not formerly in Tariff Bamboo Screens, and Bamboo Ware Corals, Native or false coral, not formerly in
Tariff Crackers, and fireworks of all kinds (formerly
classed as rockets, &c.)
•
•
24
Clocks
8
Lacquered ware.
31
Myrrh
24
•
Watches
8
•
45
Mother o' Pearl ware
•
36
Mace, or Flower of Nutmeg
28
·
Rattan ware, rattan and bamboo work
Telescopes
44
•
Mercury, or Quicksilver
*
30
Sandal-wood ware
•
17
Gold and Silver ware, formerly divided into Gold
ware, and Silver ware
•
18
•
·
Tortoise-shell ware
Fans (feather fans, &c.) not formerly in the Tariff 20
Leather Trunks and Boxes
49
51
•
•
58
•
Nutmegs, 1st quality, or cleaned
2nd
Putchuck
ditto, uncleaned
Rhinoceros' Horns
31
Glass panes, and glass and crystal ware of all
kinds
20
31
•
33
·
26
•
59
•
+-
14
Corresponding to No. in Alphabetical, i. e.,
English List.
Corresponding to No.
in Alphabetical, i. e.,
ARTICLES.
Class XII.-Imported Wines, Preserves,
English List.
Spirits, &c.
Writing Desks .
Dressing Cases
•
Jewellery of Gold and Silver
Cutlery, Swords, &c. .
All the foregoing, and any other miscellaneous
∞ ∞ ∞ ∞o
8
Wine and Beer, in quart bottles
45
8
"
in pint bottles
•
•
in cask
45 45
""
articles of the same description, 5 per cent. ad valorem.
Class IX-Gold and Silver Bullion, and Specie.
Duty free
Class XIII.-Imported Metals.
ARTICLES.
Copper, unmanufactured as in pigs
30
·
"
44
manufactured as in sheets, rods, &c. Iron, unmanufactured as in pigs
30
•
30
•
manufactured as in bars, rods, &c.
30
وو
Lead, in pigs, or manufactured
30
Class X.-Imported Cotton, Fabrics of Cotton, &C., &c. Canvas Cotton
Steel, unmanufactured
30
9
Tin
30
12
Tin Plates, not formerly in the Tariff .
30
•
Long Cloth, white, formerly divided into superior
and inferior fine cotton cloth
13
•
Cambrics and Muslins
Cottons, grey, or unbleached, domestic, &c., for-
merly classed as coarse long cloth
Twilled Cottons, grey
13
•
∞o co
All other Metals, as Zinc, Yellow Copper, &c., not herein enumerated, 10 per cent: ad valorem.
Class XIV.-Imported Jewellery.
13
•
ARTICLES.
13
Cornelians
Chintz and Prints, of all kinds
13
Cornelian Beads
11
11
14
27
47
Class XV-Imported Skins, Teeth, Horns, &c.
Cow and Ox hides, tanned and untanned
15
GENERAL REGULATIONS, under which the British Trade is to be conducted at the Five Ports of Canton, Amoy, Foochow, Ningpo, and Shanghai.
I. Pilots.
}:
93
I. Pilots to be
WHENEVER a British merchantman shall arrive off any of the five ports opened to trade, viz., Canton, Foochow, Amoy, Ningpo, or Shanghai, granted imme- pilots shall be allowed to take her immediately into port; and in like diately; and manner, when such British ship shall have settled all legal duties and charges, and is about to return home, pilots shall be immediately granted to take her out to sea, without any stoppage or delay.
Regarding the remuneration to be given these pilots, that will be Remuneration to equitably settled by the British Consul appointed to each particular port, be settled at each who will determine it with due reference to the distance gone over, the port. risk run, &c.
II. Custom-house Guards.
Bullock's and Buffalo's Horns
25
•
39
•
Sea-Otter Skins
39
Fox Skins, large and small
39
•
13
Tiger, Leopard, and Martin Skins
39
·
•
Land-Otter, Racoon, and Shark Skins Beaver Skins
39
•
39
ARTICLES.
Cotton Yarn and Cotton Thread
Linen, fine, not formerly in the Tariff
Bunting
•
All other imported articles of this class, as Ginghams, Pullicates, Dyed Cottons, Vel- veteens, Silk and Cotton Mixtures, Coarse Linen, and Mixtures of Cotton and Linen, &c., &c., 5 per cent. ad valorem .
Class XI-Imported Fabrics of Woollen, Silk, &c., &c.
Gold and Silver Thread, superior or real
Broad Cloth, Spanish Stripes, &c.
Narrow Cloths, as Long Elis, Cassimeres, &c. &c. 47 Camlets (Dutch)
Camlets
Imitation Camlets or Bombazettes
Hare, Rabbit, and Ermine Skins
Elephant's Teeth, 1st quality, whole
Handkerchiefs, large
small
""
""
13
13
•
Sea Horse Teeth
23
•
inferior, or imitation
23
•
47
"}
39
43
17
•
•
2nd
broken
17
•
">
Class XVI.
All new goods imported, which it has not been practicable to include herein, 5 per cent. ad valorem.
•
47
47
•
47
Woollen Yarn
48
•
Blankets
47
•
Class XVII.
All other fabrics of wool, or of mixed wool and
silk, wool and cotton, &c. 5 per cent. ad valorem.
All Foreign Rice, and other Grain, duty free
35
Shipping Dues.
These have hitherto been charged upon the measurement of the ship's length and breadth, at so much per chang: but it is now agreed to alter the system, and charge according to the registered statement of the number of tons of cargo the ship may carry. On each ton (reckoned equal to the cubic contents of 122 tow,) a shipping charge of five mace is to be levied and all the old charges of measurement, entrance and port-clearance fees, daily and monthly fees, &c., are to be abolished.
Taoukwang, 33rd year, 8th month,
(July 1843.
day.
!
II. One or two
The Chinese Superintendent of Customs at each port will adopt the means that he may judge most proper to prevent the revenue suffering by Custom-house fraud or smuggling. Whenever the pilot shall have brought any British guards to be at-
tached to each ship. merchantman into port, the Superintendent of Customs will depute one or two trusty Custom-house officers, whose duty it will be to watch against frauds on the revenue. These will either live in a boat of their own, or stay
on board the English ship, as may best suit their convenience. Their food No fees to be and expenses will be supplied them from day to day from the Custom-house, charged for their and they may not exact any fees whatever from either the Commander or maintenance. Consignee. Should they violate this regulation, they shall be punished proportionately to the amount so exacted.
III. Masters of Ships reporting themselves on arrival.
+
Whenever a British vessel shall have cast anchor at any one of the above-mentioned ports, the Captain will, within four and twenty hours after made to, and ships' III. Report to be arrival, proceed to the British Consulate, and deposit his ship's papers, bills papers, &c., to be of lading, manifest, &c., in the hands of the Consul; failing to do which, he deposited with, the
Consul. will subject himself to a penalty of two hundred dollars.
For presenting a false manifest, the penalty will be five hundred For false manifest: Penalty for neglect; dollars.
For breaking bulk and commencing to discharge, before due permission And for breaking shall be obtained, the penalty will be five hundred dollars, and confiscation bulk before per- of the goods so discharged.
mitted.
The Consul, having taken possession of the ship's papers, will imme- Communication of diately send a written communication to the Superintendent of Customs, arrival to the specifying the register tonnage of the ship, and the particulars of the cargo Superintendent of she has on board; all of which being done in due form, permission will then Customs. be given to discharge, and the duties levied as provided for in the Tariff.
IV. Commercial Dealings between English and Chinese Merchants.
Gov.-Genl.
L. S.
of
L. S. of
the Supt.
of
Customs.
of the Two Kwang.
L. S.
of
High
Commis-
sioner.
L. S
of Governor
of Canton.
(A true abstract-reference numbers to the Alphabetic List being inserted in place of the amounts of duty, those amounts having been carefully compared and found correct.)
(Signed) J. ROBT. MORRISON,
Chinese Secretary and Interpreter.
IV. Mode of
agents, &c.
It having been stipulated that English merchants may trade with what- ever native merchants they please,should any Chinese merchant fraudu- proceeding against lently abscond or incur debts which he is unable to discharge, the Chinese fraudulent debtors, authorities, upon complaint being made thereof, will of course do their utmost to bring the offender to justice; it must, however, be distinctly understood, that if the defaulter really cannot be found, or be dead, or bankrupt, and there be not wherewithal to pay, the English merchants may not appeal to the former custom of the Hong Merchants paying for one another, and can no longer expect to have their losses made good to them.
1
16
94
V. A tonnage
due payable in full of all charges.
VI. Duties to be
charged according to tariff, and to be subject to no other
fees.
VII. Goods to
be examined by Custom-house
V. Tonnage Dues.
Every English merchantman, on entering any one of the above-mentioned five ports, shall pay tonnage-dues at the rate of five mace per register-ton, in full of all charges. The fees formerly levied on entry and departure, of every description, are henceforth abolished.
VI. Import and Export Duties.
1
Goods, whether imported into, or exported from, any one of the above- mentioned five ports, are henceforward to be taxed according to the Tariff as now fixed and agreed upon, and no further sums are to be levied beyond those which are specified in the Tariff.
All duties incurred by an English
merchant-vessel, whether on goods imported or exported, or in the shape of tonnage-dues, must first be paid up in full; which done, the Superintendent of Customs will grant a port-clearance, and this being shown to the British Consul, he will thereupon return the ship's papers, and permit the vessel to depart.
VII. Examination of Goods at the Custom-house.
Every English merchant, having cargo to load or discharge, must give due intimation thereof, and hand particulars of the same to the Consul, who will immediately dispatch a recognized linguist of his own establishment to officer, in presence communicate the particulars to the Superintendent of Customs, that the goods may be duly examined, and neither party subjected to loss. The English merchant must also have a properly qualified person on the spot to attend to his interests when his goods are being examined for duty; otherwise, should there be complaints, these cannot be attended to.
of merchant's
agent.
Disputes regarding value for ad valorem duties, how settled.
Tare how fixed.
Appeal to Consul where disputes can-
not otherwise be settled.
VIII. Duties to
shroffs.
Regarding such goods as are subject by the Tariff to an ad valorem duty; if the English merchant cannot agree with the Chinese officer in fixing a value, then each party shall call two or three merchants to look at the goods, and the highest price at which any of these merchants would be willing to purchase, shall be assumed as the value of the goods.
To fix the tare on any article, such as tea; if the English merchant cannot agree with the Custom-house officer, then each party shall choose so many chests out of every hundred, which being first weighed in gross, shall after- wards be tared, and the average tare upon these chests shall be assumed as the tare upon the whole; and upon this principle shall the tare be fixed upon all other goods in packages.
the If there should still be any disputed points which cannot be settled, English merchant may appeal to the Consul, who will communicate the par- ticulars of the case to the Superintendent of Customs, that it may be equitably arranged. But the appeal must be made on the same day, or it will not be regarded. While such points are still open, the Superintendent of Customs will delay to insert the same in his books, thus affording an opportunity that the merits of the case may be duly tried and sifted.
VIII. Manner of Paying the Duties.
It is herein before provided, that every English vessel that enters any one be paid to licensed of the five ports, shall pay all duties and tonnage-dues before she be per- mitted to depart. The Superintendent of Customs will select certain shroffs, or banking establishments, of known stability, to whom he will give licences, authorizing them to receive duties from the English merchants on behalf of Government, and the receipt of these shroffs for any moneys paid them shall In the paying of these duties, be considered as a Government voucher. different kinds of foreign money may be made use of; but as foreign money is not of equal purity with sycee silver, the English Consuls appointed to the different ports will, according to time, place, and circumstances, arrange with
Payment may be
made in foreign
money.
}
17
the Superintendents of Customs at each, what coins may be taken in payment, Per centage on and what per centage may be necessary to make them equal to standard or foreign money, how pure silver.
IX. Weights and Measures.
Sets of balance-yards for the weighing of goods, of money-weights, and
fixed.
IX. Standard
of measures, prepared in exact conformity to those hitherto in use at the weights and mea- Custom-house of Canton, and duly stamped and sealed in proof thereof, will sures, for duties. be kept in possession of the Superintendent of Customs, and also at the Bri- tish Consulate at each of the five ports; and these shall be the standards by which all duties shall be charged, and all sums paid to Government. In case of any dispute arising between British merchants and Chinese officers of Customs, regarding the weights or measures of goods, reference shall be made to these standards, and disputes decided accordingly.
X. Lighters or Cargo Boats.
Whenever any English merchant shall have to load or discharge cargo,
he may hire whatever kind of lighter or cargo-boat he pleases, and the sum may be engaged as
X. Any boats to be paid for such boat can be settled between the parties themselves, with lighters, without out the interference of Government. The number of these boats shall not be
limit or monopoly. limited, nor shall a monopoly of them be granted to any parties. If any smuggling take place in them, the offenders will of course be punished according to law. Should any of these boat-people, while engaged in con- veying goods for English merchants, fraudulently abscond with the property, the Chinese authorities will do their best to apprehend them; but, at the same time, the English merchants must take every due precaution for the safety of their goods.
XI. Transshipment of Goods.
No English merchant-ships may transship goods without special per- mission should any urgent case happen where transshipment is necessary, ments only to be XI. Transship- the circumstances must first be submitted to the Consul, who will give a cer- made with special tificate to that effect, and the Superintendent of Customs will then send special officer to be present at the transshipment. If any one presumes to transship without such permission being asked for and obtained, the whole of the goods so illicitly transshipped will be confiscated.
XII. Subordinate Consular Officers.
licence.
XII. Subordinate
At any place selected for the anchorage of the English merchant-ships, there may be appointed a subordinate Consular officer, of approved good officers may be conduct, to exercise due control over the seamen and others. He must appointed at the exert himself to prevent quarrels between the English seamen and natives, shipping. this being of the utmost importance. Should any thing of the kind un-
anchorages of the fortunately take place, he will in like manner do his best to arrange it amicably. When sailors go on shore to walk, officers shall be required to accompany them; and should disturbances take place, such officers will be held responsible. The Chinese officers may not impede natives from coming alongside the ships to sell clothes or other necessaries to the sailors living on board.
XIII. Disputes between British Subjects and Chinese.
Whenever a British subject has reason to complain of a Chinese, he must first proceed to the Consulate and state his grievance. The Consul to be settled, if
XIII. Disputes will thereupon inquire into the merits of the case, and do his utmost to possible, amicably arrange it amicably. In like manner, if a Chinese have reason to complain (by arbitration).
D
-- "די.
7
20
Addresses of
British merchants to Chinese officers.
18
of a British subject, he shall no less listen to his complaint, and endeavour to settle it in a friendly manner. If an English merchant have occasion to address the Chinese authorities, he shall send such address through the Consul, who will see that the language is becoming; and, if otherwise, will direct it to be changed, or will refuse to convey the address. If, unfortu- nately, any disputes take place of such a nature that the Consul cannot arrange them amicably, then he shall request the assistance of a Chinese officer, that they may together examine into the merits of the case, and decide it equitably. Regarding the punishment of English criminals, the English Chinese and English Government will enact the laws necessary to attain that end, and the respectively. Consul will be empowered to put them in force; and regarding the punish- ment of Chinese criminals, these will be tried and punished by their own laws, in the way provided for by the correspondence which took place at Nanking, after the concluding of the peace.
Punishment of
XIV. A Govern-
stationed in each
port.
XIV. British Government Cruizers anchoring within the Ports.
An English Government cruizer will anchor within each of the five ment vessel will be ports, that the Consul may have the means of better restraining sailors and others, and preventing disturbances. But these Government cruizers are not to be put on the same footing as merchant-vessels; for, as they bring no merchandize, and do not come to trade, they will of course pay neither dues nor charges. The Resident Consul will keep the Superintendent of Customs duly informed of the arrival and departure of such Government cruizers, that he may take his measures accordingly.
XV. The British
Consul will be
46
"Security" for
British ships.
XV. On the Security to be given for British Merchant-Vessels.
It has hitherto been the custom, when an English vessel entered the port of Canton, that a Chinese Hong merchant stood security for her, and all duties and charges were paid through such security-merchant; but these security-merchants being now done away with, it is understood, that the British Consul will henceforth be security for all British merchant-ships entering any of the aforesaid five ports.
(L.S.)
HENRY POTTINGER.
Seal and
Signature
of the
Chinese
Plenipotentiary.
Immediate
с
15. Apl. Pos. Letter to Forigen Office
koy. Song Hang.
95
ED
die,
I
аш
C.O.
FR 8
$44
Foreign Office, April 6. 1966.
1844.
directed by The Earl of Aberden
I aquest that you will acquaint bendklenbyg that the Law Officers of
expressed
l
the Crown have
wish to be made acquainted
with the precise nature of the power at present vested in the Chief Justice
with reference
made to them
Jus
this
a
of
suggestion office, forended recommendation, theat
Sie Kenny Pottinger's the Chief Justive should be empowered
ew
to proceed to the Parts in China, if necessary, for the purpose of liging the spot serious offences committed by British subjects. This recommendation is contained in sie Henry Pottinger's
2 W. Hope Ge
despalet
ti
1
38
despatite to Lord Aberdeen 20.9o. of
of July, a lify of
direct to Lord Stanley
I
am
You will move
the 2b.
which be transmitted
accordingly to request that
LordStanly whave the
goodness to direct the information requested by the Law
Office,
as
sern
6
дне
Officess
as
to be sent to this
it
be convenients
may
may
to do so, in order that it
be submitted to this consideration.
Lam, Si,
Jun moshobedient,
humble servent,
AleAddington.
Hongkong
де
Is Aldingtime bef
19441
Forwarded by APE:
BR
R Chapman
12
MEStephen 12
"
Hope
Levi Stanley /4
kin
Co
1900.
1. Afiel 1844.
96
Crown
Staring laid before Sid Statily you letter of the 6 test, requesting Cestare infinuation for the guidance alle Law Offices filter
to the with referme fowns ofthe Chi: Justice of Hong Kong to proceed to the Ports in China, finerpary, further pumpore
the spot
Lenson's offences Committed by British subjects, Fam dicted this Lendship lostate to you, further wifirmations of the bail.
{
J
18
Abudeen that such
howns can be conferred
on
Loure
Local the models
mathment to be made by the Supp! & Governor with th. A dine ghis legislative
of
Commeil, that no
intelligime fany such of Frachment: having been water has arged reached
مول الكاسات
:
97
:
!
}
8.B.boy Hongkon M. Stathon
974
The Act opportament raped in the bession of 1843 together with. Sii # Pottengo's commission 9 Instructions were considered sufficient to meet his recommendin
with regard to the Adminstration of Justice in thrupkons
as described in
Respatch to Lord Abertan
1
...
i
$90 of 26 duly and other Sir R. Pottergen was affrized in
in
Ford Hanley's despatch. 8. 20 of 15 Shor (43
But no comm
ameation
no comencem cut.
has as yet been reising
from the Hory
L.
ろ
enbject-
lence
corresponden
}
Lis
anna
real
for
your further information
8Mful./22.
98
**
Immediate.
876 Chma
RECEIVED
APR 22
1844
Foreign office,
April 20, 1844.
conferred
and
بهشهر
the ansios
nusp
iscal
the advice
Wisherks reached the Counter- that no intelligence of
Louny
whether the
case
Ar
to be that the pores in
les
Enactment to be made by the Experintend
the Légritésion
Corneil
of by
怂
2 г гл ипа
спре
sach Enactment
77
I auffiore
1778
to the
Receding
In effect misleplenis
preving arti Gions ther
вишные
Spiel 10.
Suform the F. J.
114
l L 24
4.30 April
May ogor
Sir,
I am directed
by
to transmit to you
The Earl of Aberdeen
herewith the Draft of
an Order in Council which it is
is proposed
Act
to ifue under this foreign Jurisdiction Not
7th
of the.
the last Session, authorining. Her Majesty's
Consuls and Vice (onsuels in China, aswell as other Persons therein specified, to
Exercise Jurisdiction
over
British
in China in Criminal and
حل
Subjects in in Civil cases; and appointing the Colony of Hong Kong as the British Colony wherein crimes and offences committed by British subjects within the
Dominions
G. W. Hope raft
с
99
Dominions of the Emperor of China,
may be inquired of, tried, determined and punished.
Iame to request that in laying this Draft before Lord Stanley, for his early consideration, you will state to His Lordship that the Law Officers of the (rown have expressed their...
concurrence in it's terms;
Aberdeen defers sending
but that Lord
it to the founcil
Office for promulgation, until he shall be
informed, whether it also meets with dord
Stanley's concur
concurrence.
Jam, Sir, Your most obedient
humble servant
Egering
100
A
མིས་བད
out of the fund of the Fahren. the ephemere ofthe Judge's Cinemili when the reassity of pagan bilen Well, to ferro le futandisunderstanding, of can be concurred in. I thich it. u. be In the authing of the Law off this short
الدمام
24
4Ap:
M. Hofe
and
the Supersilindent sh
conflicting authorities over
and improbable incon
Ccase
the Judge
to be the God. I know not how the
o be neconciled. This however in a remote
جو
"To the provision who we make Hong Kong
the place of Frial I presume that there can
// static verbally
be would be
be no objections.
liable to heave to C.
"circuits" to the Chuise Ports
Sy
be washe
nor objecture foviclul his Expenes were penil them with he_Infect should
which of coun
AD
Ą
thwich that witto a judge settled in un bh bites by by bood wile the wich will ration
inclination Wleave it too ofta
be an
ость
само
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content applelines we cannot
obust - Ansoapse geus
Caw Offres are
ови
?
See hi 686 which
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a
continuation.
at this back until I slice, be
It appeme
that the Law
pel that
h
Aries in Council in reshing
び
ก.
The Rown are of opene
the soapsl.
the better
invert the
British Conents at the Chinese Ports with a Jurisdictions
Butch subject resident there
traft in roberly prepared for that fenfore
The
opinion
7
and 2h that this
night, although
For not
to the
fit . But there
appen to perceive what
decided
are
bay Authority
и
pt Sp I understand, for The dinaft
when
regener
the
are
quections
sent here,
wo reason
M
over
haue
the place 15.
в соотв
are
o le vent for Livel. The
of the
n
in
fident, will, I suppore,;
there to brz
and Dr. St. fixer.
In China.
Bord. I Subjeels offending end vendering the the Judge
then migratory, at the bidding
unfungement
The bargains made with her. Salme. This, of
Что
w
Conne
pure. His absence
but a conjecture
from King King might, of
Course,
mconvene
there
When reghird
regene
thie Inferntand
to to to
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Entered
thenia
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1844
orwanita y ¿PRY!
$
Lord Stanley
Minebe
Shen 30 Mundoch 30,
LuJes
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08
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80. April 144
101
Jam directed
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receipt of foundandhips Ghacostanley track the
letters
Aberdenes desire Capige Enclosing & doyd
of the 20 722 dist
the
Act for conferring. the Fonegu Juriadiction
to be faced under
for Draft ofan Order 7. Ol to be i
on
in China to thee person, H&M found, WV Counts AM Conant
the
the corresponden
in China, fasether with Coloring
power bevencine, Jurisdict therein specified.
which has passed on the harpa,
Copie, of the
пр
et with the daw
Your
Officers of
wheel
Aberdeen's with, before
same time Expre perdon
Cordship at the
the Crown.
ALE FORMATÜKIN) A
this Order is pronalgated to be furnished with doid Stanly's opinion upon it kreply Lame Compounce that having reference to the spiccion of the d Officers of the frown
Zoue
ле
υ
inclosed in Jou
the Law.
Ceten
6. the 22d Photant dord
Staveley Небре
concurs in
The
proposed Ainl. But
his Lordship considers
neee foc
it neee
Bradd, in
order to prevent future question, that as one
Que pact of the Orrf. contemplates the holding of founts in
Chica
Othe of Hongdong,
Colice
it meest
be medustood that in
од
the event of the Chief
Sixtice
Justice king
called on
oceed to Chei 102
а
Bproceed his travelling expense,
meest be defeared out
at the disionall the funds of
the
Papennlendent of Rade. Saver
M
O MNI
SOIT QUIOM
ET W
DIEU
BRANSTON
ERSMAVEK
MON DROITS W
ANNO SEXTO & SEPTIMO
VICTORIÆ REGINÆ.
***
CA P. XCIV.
An Act to remove Doubts as to the Exercise of Power and Jurisdiction by Her Majesty within divers Countries and Places out of Her Ma- jesty's Dominions, and to render the same more effectual.
[24th August 1843.]
HEREAS by Treaty, Capitulation, Grant, Usage, Suffer- ance, and other lawful Means Her Majesty hath Power and Jurisdiction within divers Countries and Places out of Her Majesty's Dominions: And whereas Doubts have arisen how far the Exercise of such Power and Jurisdiction is controlled by and The Power dependent on the Laws and Customs of this Realm, and it is expe- Her Majesty acquired by dient that such Doubts should be removed: Be it therefore enacted in Countries by the Queen's most Excellent Majesty, by and with the Advice out of Her and Consent of the Lords Spiritual and Temporal, and Commons, Dominions in this present Parliament assembled, and by the Authority of the shall be held same, That it is and shall be lawful for Her Majesty to hold, exer- Terms as cise, and enjoy any Power or Jurisdiction which Her Majesty now Her Ma- hath or may at any Time hereafter have within any Country or jesty's Au- Place out of Her Majesty's Dominions, in the same and as ample a thority in Manner as if Her Majesty had acquired such Power or Jurisdiction Colonies. by the Cession or Conquest of Territory.
II. And
11 K
on the same
the Crown
103
958
pursuance of
6° & 7° VICTORIE, Cap. 94.
Acts done in II. And be it enacted, That every Act, Matter, and Thing which such Power may at any Time be done, in pursuance of any such Power or Juris- to be of the diction of Her Majesty, in any Country or Place out of Her Ma- same Effect jesty's Dominions, shall, in all Courts Ecclesiastical and Temporal and elsewhere within Her Majesty's Dominions, be and be deemed and adjudged to be, in all Cases and to all Intents and Purposes whatsoever, as valid and effectual as though the same had been done according to the local Law then in force within such Country or Place.
as if done under local Laws.
Courts au-
procure Evi-
III. And be it enacted, That if in any Suit or other Proceedings, thorized to whether Civil or Criminal, in any Court Ecclesiastical or Temporal dence of such within Her Majesty's Dominions, any Issue or Question of Law or Power by
of Fact shall arise for the due Determination whereof it shall, in the Application Opinion of the Judge or Judges of such Court, be necessary to to Secretary produce Evidence of the Existence of any such Power or Juris- of State. diction as aforesaid, or of the Extent thereof, it shall be lawful for the Judge or Judges of any such Court, and he or they are hereby authorized, to transmit, under his or their Hand and Seal or Hands and Seals, to One of Her Majesty's Principal Secretaries of State, Questions by him or them properly framed respecting such of the Matters aforesaid as it may be necessary to ascertain in order to the due Determination of any such Issue or Question as aforesaid; and such Secretary of State is hereby empowered and required, within a reasonable Time in that Behalf, to cause proper and sufficient Answers to be returned to all such Questions, and to be directed to the said Judge or Judges, or their Successors; and such Answers shall, upon Production thereof, be final and conclusive Evidence, in such Suit or other Proceedings, of the several Matters therein con- tained and required to be ascertained thereby.
Power to
IV. And whereas it may in certain Cases be expedient that Crimes send Persons and Offences committed within such Countries or Places as aforesaid charged with
should be inquired of, tried, determined, and punished within Her Crimes for Trial to a
Majesty's Dominions; be it enacted, That it shall and may be lawful British Co- for any Person having Authority derived from Her Majesty in that lony. Behalf, by Warrant under his Hand and Seal, to cause any Person charged with the Commission of any Crime or Offence the Cogni- zance whereof may at any Time appertain to any Judge, Magistrate, or other Officer of Her Majesty within any such Country or Place as aforesaid, to be sent for Trial to any British Colony which Her Majesty may by any Order or Orders in Council from Time to Time appoint in that Behalf; and upon the Arrival of such Person within such Colony it shall and may be lawful for the Supreme Court exercising Criminal Jurisdiction within the same to cause such Person to be kept in safe and proper Custody, and, so soon as conveniently may be, to inquire of, try, and determine such Crime or Offence, and upon Conviction of the Person so charged as afore- said to correct and punish him according to the Laws in force in that Behalf within such Colony, in the same Manner as if the said Crime or Offence had been committed within the Jurisdiction of such Supreme Court: Provided always, that before any such Person
shall
6° & 7° VICTORIÆ, Cap.94.
959
which shall
shall be sent for Trial to any such Colony as aforesaid it shall be Before any lawful for him to tender for Examination to the Judge, Magistrate, such Person or other Officer of Her Majesty to whom the Cognizance of the shall be sent
to any Co- Crime or Offence with which he is charged may appertain, within
lony for Trial the Country or Place where the same may be alleged to have been he may ten- committed, any competent Witness or Witnesses, the Evidence of der any ma- whom he may deem material for his Defence, and whom he may dence that terial Evi- allege himself to be unable to produce at his Trial in the said he would be Colony; and the said Judge, Magistrate, or other Officer shall unable to thereupon proceed in the Examination and Cross-examination of such produce on Witness or Witnesses in the same Manner as though the same had Trial, and been tendered at a Trial before such Judge, Magistrate, or other be taken Officer, and shall cause the Evidence so taken to be reduced into down and Writing, and shall transmit a Copy of such Evidence to the Supreme transmitted. Court before which the Trial of such Person is to take place, together with a Certificate under his Hand and Seal of the Cor- rectness of such Copy; and thereupon it shall be lawful for the said Supreme Court, and it is hereby required, to allow so much of the Evidence so taken as aforesaid as would have been admissible according to the Law and Practice of the said Supreme Court, had the said Witness or Witnesses been produced and examined at the Trial before the said Court, to be read and received as legal Evidence at such Trial: Provided also, that if it shall be made to appear at In case the such Trial that the Laws by which the Person charged with any place in Criminal Act would have been tried had his Trial taken place before which the
Laws of the
a Judge, Magistrate, or other Officer of Her Majesty in the Country Act was com- or Place in which such Act may be alleged to have been committed, mitted vary vary from or are inconsistent with the Laws in force within such from those
of the Colony Colony, in respect either of the Criminality of the Act charged, or the Court of the Nature or Degree of the alleged Crime or Offence, or of may give the Punishment to be awarded for the same, such Supreme Court effect to is hereby empowered and required to admit and give effect to the Laws by which such Person would have been so tried as aforesaid, so far as but not further or otherwise than the same relate to the Criminality of such Act, or to the Nature or Degree of such Crime
them.
or Offence, or to the Punishment thereof: Provided also, that nothing Nothing herein contained shall be construed to alter or repeal any Law, herein to alter any Crime or Offence com- Statute, or Usage by virtue of which any
Law respect- mitted out of Her Majesty's Dominions might, at the Time of the ing Crimes passing of this Act, be inquired of, tried, determined, and punished committed within Her Majesty's Dominions, or any Part thereof, but the same out of Her shall remain in full Force and Effect, any thing herein contained to Majesty's the contrary notwithstanding.
Dominions.
victs for
V. And whereas it may likewise in certain Cases be expedient Power to that the Sentences passed within such Countries and Places as afore- send Con- said at the Trial of Crimes and Offences within the same should be
Execution carried into effect within Her Majesty's Dominions; be it enacted, or Imprison- That if any Offender shall have been sentenced to suffer Death or ment to a Imprisonment for or in respect of any Crime or Offence of which British such Offender shall have been lawfully convicted before any Judge, Colony. Magistrate, or other Officer of Her Majesty within any such Country
or
104
}
4
960
Power to transport Convicts.
Actions.
6° & 7° VICTORIÆ, Cap.94.
or Place as aforesaid, it shall be lawful for any Person having Autho- rity derived from Her Majesty in that Behalf, by Warrant under his Hand and Seal, to cause such Offender to be sent to any British Colony which Her Majesty may by any Order or Orders in Council from Time to Time appoint in that Behalf, in order that the Sentence so passed upon such Offender may be carried into effect within the and the Magistrates, Gaolers, and other Officers to whom it may appertain to give effect to any Sentence passed by the Supreme Court exercising Criminal Jurisdiction within such Colony are hereby empowered and required to do all Acts and Things necessary to carry into effect the Sentence so passed upon such Offender, in the same Manner as though the same had been passed by such Supreme Court.
VI. And be it enacted, That if any Offender shall have been ordered or sentenced to be transported beyond the Seas by any Judge, Magistrate, or other Officer of Her Majesty within any such Country or Place as aforesaid, or, having been adjudged to suffer Death, shall have received Her Majesty's most gracious Pardon upon Condition of Transportation beyond the Seas, it shall be lawful for any Person having Authority derived from Her Majesty in that Behalf to cause such Offender to be sent to any Place beyond Seas to which Convicts may at any Time be lawfully transported from any Part of Her Majesty's Dominions, and, if there shall be no convenient Means of transporting such Offender without bringing him to England, to cause such Öffender to be brought to England in order to be transported, and to be imprisoned in any Place of Confinement provided under the Authority of any Law or Statute relating to the Transportation of Offenders convicted in England, until such Offender shall be transported or shall become entitled to his Liberty; and as soon as any such Offender shall have arrived at the Place to which he may be transported, or, if brought to England, shall have been there imprisoned as aforesaid, all the Provisions, Rules, Regulations, Authorities, Powers, Penalties, Matters, and Things concerning the safe Custody, Confinement, Treatment, and Transportation of any Offender convicted in Great Britain shall extend and be construed to extend to such Offender as fully and effectually, to all Intents and Purposes, as if such Offender had been convicted and sentenced at any Session of Gaol Delivery holden for any County in England.
Limitation of VII. And be it enacted, That if any Suit or Action shall be brought in any Court within Her Majesty's Dominions against any Person or Persons for any thing done in pursuance of any such Power or Jurisdiction of Her Majesty as aforesaid or of this Act, then and in every such Case such Action or Suit shall be commenced or prosecuted within Six Months after the Fact committed, and not afterwards, except where the Cause of Action shall have arisen out of Her Majesty's Dominions, and then within Six Months after the Plain- tiff or Plaintiffs and Defendant or Defendants shall have been within the Jurisdiction of the Court in which the same may be brought; and the same and every such Action or Suit shall be brought in the County or Place where the Cause of Action shall have arisen,
and
6° & 7° VICTORIÆ, Cap.94.
961
and not elsewhere, except where the Cause of Action shall have arisen out of Her Majesty's Dominions; and the Defendant or De- fendants shall be entitled to the like Notice, and shall have the like Privilege of tendering Amends to the Plaintiff or Plaintiffs, or their Agent or Attorney, as is provided in Actions brought against any Justice of the Peace for Acts done in the Execution of his Office by an Act passed in the Twenty-fourth Year of the Reign of King George the Second, intituled An Act for the rendering Justices of 24 G. 2. c. 44. the Peace more safe in the Execution of their Office, and for indem- nifying Constables and others acting in obedience to their Warrants ; and the Defendant or Defendants in every such Action or Suit may plead the General Issue, and give the special Matter in Evidence; and if the Matter or Thing complained of shall appear to have been done under the Authority and in execution of any such Power or Jurisdiction of Her Majesty as aforesaid or of this Act, or if any such Action or Suit shall be brought after the Time limited for bringing the same, or be brought and laid in any other County or Place than the same ought to have been brought or laid in as aforesaid, then the Jury shall find for the Defen- dant or Defendants; and if the Plaintiff or Plaintiffs shall become Nonsuit, or discontinue any Action after the Defendant or Defendants shall have appeared, or if a Verdict shall pass against the Plaintiff or Plaintiffs, or if upon Demurrer Judgment shall be taken against the Plaintiff or Plaintiffs, the Defendant or Defendants shall and may recover Treble Costs, and have the like Remedy for Recovery thereof as any Defendant or Defendants hath or have in any Cases of Law.
Sect. 4. of
VIII. And be it enacted, That from and after the First Day of Repeal of October in the Year One thousand eight hundred and forty-four so 6 G. 4. c. 33. much of an Act passed in the Sixth Year of His late Majesty King and of 6 & 7 George the Fourth, intituled An Act to repeal certain Acts relating W. 4. c. 78. to the Governor and Company of Merchants of England trading to the Levant Seas, and the Duties payable to them; and to authorize the Transfer and Disposal of the Possessions and Property of the said Governor and Company for the Public Service, as provides, "that from and immediately after the Enrolment of any such Deed or Instrument as therein mentioned all such Rights and Duties of Juris- diction and Authority over His Majesty's Subjects resorting to the Ports of the Levant, for the Purposes of Trade or otherwise, as were lawfully exercised and performed, or which the Letters Patent or Acts by the said Act recited, or any of them, authorized to be exercised and performed, by any Consul or other Officers appointed by the said Company, or which such Consuls or other Officers lawfully exercised and performed under and by virtue of any Power or Authority whatever, should, from and after the Enrolment of such Deed or Instrument as aforesaid, be and become vested in and should be exercised and performed by such Consuls and other Officers respectively as His Majesty might be pleased to appoint for the Protection of the Trade of His Majesty's Subjects in the Ports and Places respectively mentioned in the said Letters Patent and Acts, or any or either of them;" and also that from and after the passing of this Act an Act passed in the Parliament holden
11 L
105
962
Act may be amended or repealed.
6° & 7° VICTORIE, Cap. 94.
holden in the Sixth and Seventh Years of His said late Majesty King William the Fourth, intituled An Act to enable His Majesty to make Regulations for the better defining and establishing the Powers and Jurisdiction of His Majesty's Consuls in the Ottoman Empire, shall be and the same are hereby repealed, save as to any Matter or Thing theretofore done under the Authority of the same respectively.
IX. And be it enacted, That this Act may be amended or repealed by any Act to be passed during this Session of Parliament.
LONDON: Printed by GEORGE E. EYRE and ANDREW SPOTTISWOODE, Printers to the Queen's most Excellent Majesty. 1843.
1
196
A
4
Ader in Conniel
896 Chin
107
"
Whereas by a certain
Act oftacliament made and prepared in the depera of
session
Parliament holden in the
Sinth and Seventh years of
Here Magisty'. Keiga, mittiteadl
"An Act
Ju
the better
severnment of the Majestys
"Subjects exerting boshine", it is amongst other things
exactect that it shall
be lawful for the leajesty,
h
any
Ender w
Orders
made with the adorne
He Majesty's Privyfamil, to the Zvernment
irdain for
847
ofther Majesty balgets bring
within the dominions
I The
Emperor offline, or being
within
any
Ship or Vessel
at a distance of
thou
one
not more
hundred miles.
from the feast of China,
any haw
ir
Anticance
which to the Magisty
Council
may es fully and
as any
in
seem meet,
one out offectually
such haw
or
Intinance contel be made
Majesty by the legatz in Camil In the Government of the Majesty's bulgents being within the Island of thought
und
•
A
A
108
And wheat by a certain othe
Ал
Act of Parliament made and paped in the defion of
Parlament holden as
afresaid, intituled An
"Act to remove
"to the exercise
denbets as
If power and
"invisdiction lytter Majesty
within divers Countries and
"places out of the Majesty's
な
deminions, and to render
the same more
effectual,"
it is amongst other things
evaitect that it is and
shall be lawful for the Majesty Whold, exercise, and enjoy any
enjoy any power
1
1
*
W
jurisdiction which ther
Mejisty
at ang
New
hath, or may time bevafter
Country
все
have, within any counting
place out of Majesty's dominions, in
the same and as ample
ӣ таши
له
if
tee
Majesty had acquired
such power or juriadiction by the cepsion or conquest of territory: And whereas
}
the leajest bath power that Raw this is
and
punadiction in the The Imperm
dominions
ит
offhina: here, therefore,
in
مال
apprehend,
the best ?
for which the guise периме this on a refine
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Wellen to the deus is sew
adapte
Au Leeve
this foru
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ли
in pursuance of
109
the abovee
recited Acts, or wither
them, the Majesty
и
pleased, by and with He Pring
the advice
Comics, to order, and it is hereby ordered that Her Majesty's Crawls and Vice Consuls resident
within the said Dominions
such other persons as
or su
by Warrant under the
of
hand and seal of the chief Superintendent, the hace of the Magisty's Subjects infties for
thin
the
1
IN, MINTY 1 g a
thane being, shall be appointed to act prorrsiently
as Consuls or Reefansuls, chall, severally, in the
Disticts within which they may respectively be appointed to reside, have
and hold all necessary power and authenty b
over
caenise jurisdiction Bitish bulgits within
such biskits as aforesaid, for the repupin and
crimes and
punishment of offences by their committed within the Dominions of then Referon ofhina, and pr
A
110
the arrangement and settlement
of all
all and
and all manner of
differences, contentions, suits, and variances, that may or shall happen
between them
them
;
Moreover
or
to arise
в
any of
and shall
have
power and
режис
far as in their
authority, as far
منا
lies, to compose
settle all and all
mouner
I differences,
and
or
contentions, suit, and variances, that may shall happen between British Suligents
barise
and the Subjects of the Emperor
B
.....
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པྤིཀཾཨཊྛཱཎྞཱ
offhina, and between
Bitish Subjects and the
bulgents of any foreign Power,
and which
may
be
bought before them for
settlement. And wheurs
If the above
Jint.
ruited
Act it is enacted that
it shall be lawful for
Her Majesty by any Commission or Commissions under the Great Seal of the
United Kingdom, or by any
instructions muder the Mipity's
Signet and Sign Manual
accompanying.
and refiend to
分
1
{
}
111
in
in any such Commission Commission, to authorize the Superintendent of the Trade of Her Majesty's bubjects Cheri (to long as such Superintendent shall be also Governor of the Island of Hong kong ] to enact with the adone of the Legislative Council of the said Soland
of Hongkong, all such Laws
and Ordinances ar
may
from time to time be required for the peace, order, and good government of Her Majesty's Subjects
being
**
being within the Dominions
on
on
of the Emperor of China, being within any Ship Vepel at a distance of not
more than one
hundred
Miles from the past of Cena, and to enforce the excention of such Laws and Premances by such Penalties and Forfeitures as to him, by
the advice aforesaid, thall
seeon fit,
fit; and Whereas
has been
Her Majeity pleased to grant suck commession as aforesaid to John Francis Davis Esquire appointed
112
en
appointed by Her Majesty Superintendent of the Trade of Her Subjects in China, the Superintendent for the time being of such Trade, how therefore Her Majesty in pleased, by and with the advice of Her Pring Council, to order, and it
ordered that
is here by Her Majesty's Consuls and Vice Consuls in Chenã
Persons acting
any
provisionally
as
on
sneh
Coals or Vice Consuls
as aforesaid, thall in the exercise of the jurisdiction granted
granted unto them by this present bider, be governed by such Laws and Ordenances. in that behalf as may
be what Eustis Effect .
enacted in the manner
j
and form aforesaid by the Superintendent of this Trade of Her Majesty's Subjects
in China for the
time being, being the Governor of Hongkong:
and in further
exerase
in Her Majesty
орные
of the powers in
"(
vested by the above recited
Act for removing
as
Doubts
to the exercise of
аромет
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irit leve
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113
" power and jurisdiction by. Her thajesty within " diver's places out of her "Dominions and for rendering
" the same more effectually
Her Majesty in pleased, by and with the advice of Her Privy Council,
to
7
appoint the Colony of
Hongkong as the British
Colony
wherein crimes
and offences
committed
by British Subjects
within the Dominions
of the Emperor of China which it may be expedientk
should
"/
should be inguried of, tried, determined, and prnished within Mer Magerty's Dominions, shallo
be so ing mored of,
fried
determined and punished,
and that Her Majesty's
Consuls, Free Consals,
т
other Persons provciconally acting as such under Warrant from the Crief Superintendent of British Trade in China, aforesaid, shall have
as
authority
114
authority to cause any Butlich Subject charged with the Commission of any crinie or offence the cogniganu where of may at any time appertain to them or any
of them, to be sent for trial to the said Colony
of Hongkong, and it is further ordered that thes theef Instice of the Colong
being
time
of Hongkong for the line
or other Person provisionally acting as such, shall when duly
required
1
: 2quired by the said
Superintendent, proceed
to the Dominions
of
The
Emperor of China, and shall
have power and an
athority
within the said Dominions, to inquire of, try, determine
and punish, any crimes offences committed
or
br.
by British Subjects we thin
the said Dominions.
And the Right Honourable. The Earl of Aberdeen and The Right Honourable
Lord
}
115
Lord Stanley, two of Wen
Majesty's Principal Secretaries of State,
are to give the necessary directions herein
ей ал
to
them may respectively
appertai -
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116
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186 China
117
RECEIVED
APR 24
1844
Freign offer, April 22. Ber
1844.
swered
l and 24 Mr.
Anwaed 30 April
May to Gund
With usereure boiy
the Braft of
lo
letter
Асе
hauteni thing
lomfevering
au
of the 20
the 20th Instand Council
Order in
Her Stagshy's Consuls in China. therein specified
persons
and other
Jurisdiction over
lo cxenite
Bilish subjects.
вали
Aberdeen
to
Entred of
Parl
disled by the Enal of
handmit to you
5
herewith
་་
Anport of the Law Offices dated the
Re
h
that
29 5 of theory last, recommending. an Ander in Conmil chould be pafund
au
for this purpose
Ader which was
J. H. Hope Exte
м
:
the Braft of an
in
consequence prepared
Aurel
མཐཱ, ཏྭཱ''ཡཾ
adame
and submitted to the Law Officers;
a
of
their report daled the 3. of April,
seegges ting
Copy of
Сору
alterations in the Druft; and as
their further report daled the 18. of April, approving with certain alterations
1
May
the amended truft
In requesting that the inclosed Papers
be bid before howdhanter, I am
to add that the alterations suggested
were
the daw Offiest Braft hansmitted to
of the 20! Instant.
Lam, Sis
inserted in the
зна
in
Your most obedient. humble servant,
my
Canning
lellen
Ente
675
700)
Governor Davis Liv
Forwarded by MAY. 37% undosh 10
Stephen 2
Leebinder //
24 May (1847
2:16
118
will have
relived from the Earl berdeen a long of the of Aberde
Order made
ou
Min
نا
the 17uldiced for conferring on It Mesponses триня, Mice Corton Cs in China an do ther persons therein specified the power to herice juridictions. Bontiol sulpets in thing British and appointin Colour of Hongthong The British Colony
был
infhina,
the
ест
wherein
crimes and offencer Committed (British
Subpats within the Doming of the Emperor of China. maybe tied Spunished. You will also havere? from Lord Aberdeen
full misturctions for your Guidance in carrying this Order into effect !
me
Mudes these circumstances it is unnecessary for Stranomil Bock a lofty. of the Oing or to fumith
face
with he
additional
Molucctions on the dafed. But I think it necesary tostate that the Draft of
This Order was communicated
Home & the Earl of Aberden
Ethe eviously bits being de bruitted for the approval
and that
A Min
Belging
the pricious
of the Law Offices of the
Crown,
Я
gave my
concurrence
to it sofar as regarded
the (glong of Stonghong.
I considered it however;
119
Recepney Bostipulate that whenever the Chief Justice of that Colong showed
be required, in vistice of this Order, to proceed tung part of the Chinese Empire harboys his & pauses should be defraged out of the Fund the Superintendent of Frade - and Ineed seanly Янееднакв add that in thewercise
Z
heinti
of the power con ferredon you of requiring замор
ей repair to places beyond The Colony of Songthong, it would be goun dut so to arrange
lis absence
ofhis
the periods
That thi
Rublic interests of the folory should not be therly expared to
mconvenience.
Shavere
༑ ། ན་
?
Y
120
1
A
72
T
Se h: bgb
you
686 Chann
RECEIVER
The question put to the Law a
Jcbruner, was,
༩༩) ༡
121
the 297 of
"Whether the concesion of pissedition
British Subjects
in China recorded
(^
"1
ltan
Theilenth Article" [ of the Fifteen totiles"; "is sufficient
to authorize
measure s
being.
taken for empowering.
British Consuls to exercise that Jurisdiction; and-
if so,
whether the shine st
g
the last Session
of Parliament is sufficient to enable the
Chief Superintendent to make the
this respect,
11a
provision be advisable to papi
lv
n
necessary.
whether it would
Arden in Commit
under the Breign Jurisdiction Act for
that
purpose?"
answer
was
(Jalmar 29)
be
"We think that it would.
advisable to pass
им
Order in Cornsil
under
I
+
Į
}
under the Trige Jmisdiction Act, for
the
purpose
A
9
authorizing
measures
to be lähem
for componering British Consuls, to exenise
He Jurisdiction in
China."
que thin
༥
Bitish Subjuts
122
- ..
Cabinet
Jum
the Law
Sheracy
29.
a
1844.
Officiers,
Report
cabul
123
j
Draft
68612
RECEVED
APR 24 1844
hereas by
and
RECORD
OFF
a certain
Order in Council relating Act of Parliament made
& China.
and paped in the Session
of Parliament holder in the Sixth and Seventh years of Her Majestyy Reign,
intituled "An Act to
"remove doubts as to the
L
Exercise of power and
jurisdiction by Her Majesty
within divers countries and
"places out of Her Majestyjś
Doncinions, and to render
५
The same more
Effectical","
it is amongst other thing
macted
Enacted that it is and
shall be lawful for Her
Majesty
to hold, Exercise,
or
and Enjoy any power o jurisdiction which Her
now hath
Majesty
at any
hath, or may time hereafter
have, within any country or place out of Her
Majesty's
Dominions,
as ample
in the same and as
the
a manner as if Her Majesty had acquired such power or jurisdiction by cession or conquest of territory: and whereas
Ber
124
Her Majesty hath power and jurisdiction in the Dominions of The Emperor
of China : how therefore, in
pursuance of the above- -recited Act, Her Majesty is pleased, by and with the advice of Her Privy Council, to order, and it
is hereby ordered, that Her Majesty's Consuls and Nice fonsuls, residents within the said Dominions,
by
or such other Persons as Warrant under the hand and seal of the Chief Superintendent of
the
?
the Trades of Her Majesty's Subjects in China shall be appointed to act provisionally as Consuls
or Vice Consuls, shall
have and hold all
necesary power and
authority
to Exercise
jurisdiction over British Subjects in China for the repression and punishment oferimer and offences by them committed
within the Dominions
f
The Emperor of China,
and for the arrangement
and
125
and settlement of all and
all manner of differences,
contentions, suits, and variances that may
ση
shall happen to arike between them or any of
them, and between British Subjects and the Subjech of the Emperor of Spina : and it is further ordered that the said Consuls,
Vice Consuls, or Persons acting provisionally a
Consuels or
Vice
ad
fonacels,
shall in the Exercise
of the Jurisdiction aforesaid
proceed
126
as
proceed as far possible in conformity and correspondence
with the Proceedings
which in like cases
would be prescribed by the law and practice of England, regard being
had to the difference of local circumstances; and shall moreover have authority to enforce and Execute all laws and ordinancer which have may be enacted
been or
or m
оро
>
or u
made under and in
virtue of vested in Her Majesty
the authority.
by
a certain Act made:
and paped in the Sesion of Parliament holden in the Sixth and Seventh Years of Her Majesty's Reign intituled "An "act for the better "Government of ther "Majesty's Subject's resoty "To Thina?" _ and Her
Majesty is further pleased by and with the advice of ther
Privy
Fi-FTeg th
Her Privy Council, to appoint the Colong of Hong Kong as the British Colony wherein
crimes and offencer committed
6 by Portich
Subjects within the
Dominions of the
Superor of China,
be
which it may Expedient should be inquired of, tried, determund and punished within Her Majesty's Dominion, shall be so inquired
of
L..
127
of, tried, deterniined and
punished, and that Her Majesty's Consuls, Vice Consuls, or other Persons
provisionally acting as
such under Warrant
from the Chief Super-
=intendent of British Frade. in China, shall have authority to cause
any British Subject charged with the Commission of
any crime or offence
the cognizance where of may at any time appertain to them or any
of them, to be sent for
trial
321
trial to the said Colon
to
of Hong Kong And it is
further ordered that the Chief Justice of the Colony of Hongkong for the lime being shall have power and authority within the Dominions of the Emperor of China, to inquire of, try, determine, and punish,
any
crimes or offences committed by Poritish Subjects within the
said Dominions.
And the Right Honourable The Earl of Aberdeen and
The
128
>
The Right Honourable dord Stanley, two of ther Majesty's Principal Secretaries of State,
give the necessary
are
to
directions herein as to
Them
may respectively
appertain.
X.
1
1
>
the 28th of March,
Ithe Land Officers
Chine Order, sent.
Fish Braft of
а
Copy
My Lord,
686 Ch.
Dock
RECEN
C.O.
TAPR
1844
129
April 5. 1844
On the 20th Alps we had the honor to receive a Letter from thr Addington of which the following is a Lapy-
"With reference to the concluding passage of your Report of 29th Feb.
last in which you recommend that Council should be issued
an
Order in Council
under the Treign Parisdiction but of the last Sepson empowering
M
6. Mr Courels
oven
China to exercise jurisdiction British Subzich in that Country, I am directed by the East of Aberdeen to transmit to you
Lerewith for
consideration the Draft of such
an
bider.
The Earl of Aberdeen Wh
In
In praming this Draft the prasah precedah of the devant bider of the 2. of beloben
as the recital of the
last in 10
m
far
fact of jurisdiction being vested in Her My in China, has been followed,
زیزم
as may be most convenient with
to any
reference Wo
other occasions.
which may hereafter arise
130 H
this jurisdiction in China, and in considering the probability that in many mstances vacancies may list in the Offices of fousals and the Coumes Consuls which by reason of the great distances between (hina and England cannot immediately be formally supplied, it
is
of cat
of calling
a
into operation the Forcegn Surciduction het : to avoid establishing precedent for stating in precise terms the manner in which the Surisdictier
which it is proposed to regulate
have been acquired by the Coun Foreign Country .
May
In`a
"
person 1
The next point is the class of to whom H : My shall delegate
this
thore
thought ex pedront & provide that persons provisionally acting
should.
Officers
enjoy
lu
the same right
of jurisdiction as the Consuls and Vice Consuls in whose places they
may
be acting.
The purposes for which ther
jurisdiction is to be exercised are hept stated, and it appears recessary to employ general terms in this respect and to leave to
the
131
the Thief Superintendent on the spot-
Bhein in an uistenction to be addressed to that effect to decide in concert with the Legal Advisers ofthefort of Hongkong what limit should be placed on the Cowenta v Surii diction Consular
British
The 13th Article of the Fifteen Artciles appended to the Treaty provides for the intervention of Authority in certain stages of differences between British and Chinese Subjects, and although the occasion for suck intervention in cases differences between British Subzeich and the Subjects of other Powers, bender (hina has not, as Lord Aberdeen knows, arisen
far as
and
consequently
F
consegnently the same recepity for
providing for such a
le Cate
alexrils
in the Levant is not hither to felt Thina it can scarcely be doubted that such occasions with hereafter arise, and therefore
2nd Aberdeen
would with you
to consider whether
it might not be expedient
pedient and practicable at once to insert a clause to that effect in the inclosed Draft.
The manner in which thes Consuls shall exercie jurisdiction in the next point,
e
and as
an
to this
it would appear ther pedient fo
literal bind the Consals to a
the laws and
observance of thre
5 practie
of England. Moreover it will be
чисиг
abent
31
:
meumbent on
the Consals to enforce the Laws and brdenances tracted by the (Reef Superintendent under the thevin but of the last Sepsion and therefore it would scarcely be prudente to limit too precisely the proceedings of the Conrads by and bever in Consid. "The next point is to provide for the Irial in the Colony of Menghing of offences committeds by British Subjects in China, and transfer of prisoners from Wurlar to the Colonial Const.
üb
the
the
May "But as circumstances at times render it expedient to My serious offences
on the spot?
whene
a (lause is inserted
132
where they have been committed, to enable the
to to try in
theep Justice of Hong kong
China Offences committed then by British Subjects.
" Having thus stated to you the barcon's points for which it has been attempted to make provisin in the enclosed Draft, 2nd Aberdeen directs me to add thank he submits the whole matters to your
consideration,
and
you will farms
requests that you
n
him at your
carliest convenience
with a reply to this reference,
in order that the Order which
You
:
CEL
You may finally recommend mag be passed in Council with the leach possible delar :
〃
In humble obedience to your Indships request we have taken these matters into our considerabin and have now the honor to report that, the main object of the Orden
in
- Council appears tous to be to
give to the Consuls and the Earls
to act as
ven to
The power to by
and
?
Sudges, and panish British Mubjects. be guilty of criminal
ав
who may offences, civil differences Brikil Subjects, and between.
and also to decide any or suits between
British
133
Britect Subjects and the Chinese.
This bider in
Council would be
operation so far as to designate and
Officers in whom the
point out the Officers
judicial power
wer u
to be vested, but
in order to make it properly effective
it would require either that their
cil or some other st
or
Order in Council
It
document of a legiilatwe Character should define more clearly the degree of power which it is to intended to best in them, the course of judicial proceeding
them which is to be adopted by
and alw
and the manner in wheih their judgment or sentences are to be carried into effect. It should
bc
!
ACE
be stated whether the Consul is to
02
whether there
be the sole Indge, in to be any lazy, what the process of compelling appearance and of execution is to be. And what the
Mean S
of punishment in criminal and the mode of compelling obedience to the sentence in (ivil
laser.
If it is intended that there details are to be provided for (as probably they best would
в
brdinance.
to be issued
be) by
the
by
Superentendent and Segislative Council of Hongkong, then we think it would be better that-
1
134
it should be so stated on the face
of this Order in funcil.
In the bider in
Councils as it in
now drawn it is provided that Hen Majesty's Consuls and then Consuls resident within the sand dominions or such other persons appointed to act as fonsal or Vice Consal
shall have and hold all necessary
power and an
press
thouty se but we
me it is not intended that
that be exercised
This power
power that
jointly by the Consals and Vice
Consuls but be
of the other, or
of there Officers
ne
on
in
the absence.
that wither
should have
e any
jurisdiction except in the portion lay
Court-
ए र
ཉྙཾ " - ན, ;
Court
we
M.
wheek he is
acting and
135
<
English Consuls, and
We
think it
think, therefore, that the
this respect thould
intention in this re
be more clearly stated.
With respect to differences writing between British Subzeits and other Foreigner's on China, we do not think that any effectual power can be geven. Foreigners world not be bound by the Bider in
Council of Her Majesty
and it
could only be by the mutual
し
consent of the parties that
dis, pater between them and laglich exbjects could be settled by the
English
right to observe also that as
Изал
any
de disputes between British Subjects and the Chinese, there does not appear to be stipulation in the Treaty that they that be schled by the British Authorities The 18th Article of the Regulations attached to the Treaty seem to to requie
the joint decision of
13
the Consul and the Chinese officer. With reference to the power
give
to the Chief Justice of
Hongkong be the Order on Council
し
it would be important that
we should know peecisely the
nature
nature of
the power
veried in hem.
at present-
the form of the Feder
As regards the for
st that.
:t we would suggest
in Council
it should recite the third Section
し
Vich of the Chinese det 6 and 7 kit c.80 at the Foreign Shriidutin
as well
del, and that the Beer in fournit
on
the
: ould profess to proceed suthority vested in Her Majesty
of them.
one of
by the said acts or one
Sie have ter
We
(Segurd) S. God son.
F. Pollock
WWWllett
T
C
{
ке
136
i
F
Copy
D
Immediate.
1
My Lord.
686 Clin
137
Doctors
RECETED offor 24141
1844
April 18
18hb
We are honoured with your Lordships
commands signified in Mrr Addington's letter of the 15th Instant, stating that
he was directed to acquaint us that
Your Lordship concurs in the obrecations contained in the Report of the Law Officers of the 3rd Instant upon the
Draft of an order in Council
Сорго
From Lain Officess.
крий
3. 1046.
conferring Jurisdiction on Her
Majestys Consuls in China, and that : Your Lordship has accordingly
The Rights Wouble
The Earl of Aberdeen M. J.
ze
ке
ке
Caused
EX
aused to be prepared the amended
I raft now transmitted to us for our Consideration:
That Your Lordship apprehends that in adverting to the want of precision in the first draft; as regarded the limits within which the Consuls, bice Consuls and other
Persons should exercise Jurisdiction it was not the intention of the Law Officers to recommend thatia.
limitation should be introduced
into the Order restricting the service of Jurisdiction within any given District to one such Officer.
Jor.
138
For although in ordinary circumstances.
the Consul alone in such district would
in all probability be called upon to exercise Jurisdiction, occasions might arise where the Consul, from illness
or other cause might be temporarily incapacitated from acting, and it might be therefore convenient that the bice Consul should be able to act in the absence of his Lupenor Officer, or it may be that the bice Consul may
be stationed, as
for instance in the Canton Consulate where a Consulate Agent will
reside
reside at Whampoa, at some distance from the residence of his Luperior Officer, and be necessarily called прог upon there to exercise Jurisdiction
over to ritish Subjects. YourLordship presumes that there could be us greater objection to several persons being invested with Judicial powers within a given district in China- than there is to the inserting the hames of many parkes in the holl of Justices for any County in ragland
That your Lordehip is fully aware that Her Majesty's Consuls
Could
could not pretend to Exercice
Foreigners, unles
Jurisdiction over
139
such Foreigners should voluntarily
submit to their Jurisdiction, as
is the case in the Levant, where British Consuls have from the
force of circumstances, long been
to take cognizance Compelled to take
of the complaints of Foreign Suctors although until the Orden in Council, under the Foreign Jurisdiction Act of the 2nd of October last was passed, the Consul was exposed
by
so doing to be prosecuted in the
20
dis
Courts of this Country by the British Defendant who might be satisfied with his Award.
That it was to secure the
Consuls from such Consequences for interfeung as he is bound by Frealy to do in cases where the subjects of China are concerned, and as he will probably have occasion to do where the Subjects of other Foreign
Countries are concerned, that it was proposed Binsert the clause in
Question in the Order now, inder
consideration.
That
140
That the idea of empowering
the Cheif Justice of Hong Kong to bry in thine offences committed there
by British Subjects was suggeclect
by
Sir Henry Pottinger who recom
recommended
that the Chief Justice' should be
empowered to visit at the special requisition of the theif Superintendent any of the Consular Ports to try
Extreme Cases, which cannot be
remitted to hongkong owing
witnesses in such cases being
to the
wholly or chiefly Subjects of Chines. That the enclosed letter from
the
the Colonial office will explain to us that no such person is at present vested in the thief Justice. In requesting us to give the matter how refered to us our carlest consideration, Mr. Addington is pleased tostate that, if the order in its present form does not meet
with our concurrence.
would be oblijed if
Your Lordsligh
we would
make such alterations in it as
may appear to us tobe necesary
our
10 that on the receipt of ou Report, the Order may be in a shape to be issued.
as soon
ао
for
A
as Her Majesty's Pleasure could be taken upon it.
141
Inobedience to your Lordshipu
commands the have taken the
I raft of the proposed order into Consideration, and have the
honor to report that having made some slight alterations therein
in Red Ink) me think that the
same is correct and proper.
We have de.
(Signed)
Godson. Wollett.
Fred therijer
1
JETKEY
142
DEX
1
From
Copy
April 18.1844
The Law Officers.
26.35
24 Mas
44
a
733 Hongkong
RECEIVED
MAV 6
1844
Freigh Office.
Mag. 4.1844.
143
Witte reference to Mr. Hephen's Letter of the 30th Ultims, I am directed by the Earl of Aberdeen to transmit bogen, for the information of Lord Hawley, a Copy of
Despatch which Lord Aberdeen has
addressed to the Bavis, transmitting to him the bider in Council respecting Consular Iurisdiction in China -
Lord Shawley with perceive that
Mr. Davis has been instructed as
of the
payment of the expences wheat may
be
incurred by the Chief Justice of stengs
G. W. Hope Eur
kong
kong of called upon to proceed to any of the (henere Ports for the treat of
British (riminals .
I am bor. for,
Your most obedients Lambleteroast, Alle beddington.
6 Bira.
Br. As.
144
kone song Eder in
༡
Comment will be sent porn the Fragen wie
рог
to hi: Davis as incintendent of Butuh ind
it we seem aimort-
interphone
another coky in in stûn cara
کے
irade
send wi
caracay. I inphore however that a declaram arake now to bu
written extraining what has occurred
སེམས་
Ether criveci vetween then Offie and un
C
ir.
733
Is Hut sung 1. An
May 7.
=
f
145
EX
5007
the the noth
lg l
Conneil
Hopp vy
37 77
They
f
}
f
Copy
No. 35.
J. F. Davis Esý.
Sir.
in
می چی هره
Hoy Fary
RECEIVED 46
MAV 6
Joreign Office 144
May
4. 1844
I acquainted you in my despatchse 24, of the 5 of March, that immediately after the Ratification of the Supplementary Treaty
issue an order in
Her Majesty would issue
Council under the foreign Jurisdiction bet
of the last session empowering Ber the pety, Consuls, and other Persons therein specified to exercise purisdiction over British Subject in the Dominions of the Emperor of Ausic. I how mclose lopies of the order which warifened by Her Majesty for that
purpose in the Council heldon they of
te de Le
last
EX
last month.
to
you will perceive that by this arder. the Consubs are not only empowered
over British Subjects, exercise Jurisdiction
but are moreover authorized to a certain
which may extent to interfere
interfere, in cases which arise between British Subjects and the Subjects of the Emperor of China, and between British Subjects and the Subject of any forsign prowse
The extent to which Consuls can
w
interfere in the former class of casco, n : laid down in the Thirteenth Article of the Sefleen bochicles appended to the Supplementary Srealy of Homunchor i = but with regard to the latter class it is right that I should point out to
you.
you,
that no consul can
147
foretend to
exercise Jurischction in cases where
foreigner may be a party, unless such
forcegner voluntarily submit to his porisdiction . It is probable that the
practice observed in the Levant with
to the decision of suits between.
regard Europeans of different nations will. sooner or later prevail in thina, and the authouty now given to the Consuls to interfere in such suits is indispensable to secure them from molestation in British Counts of Law on account of decisions which they may pronounce
unfavourable to British Parties.
the
The next point which I have to remark. spor, is the provision of the Order, that in the secrcise of the Jurisdiction granted to them, the Consuls should be governed by
such laws and Irdinances in that-
be enacted by you
ww
behalf as may pursuance of the Powers conferred upon.
you by Her Majesty, under the China
Act of last Session
え
нев
I have already stated to your rende you will feed a corresponding remark
in my
Despatch to Sir Henry Pottinger 24 81 of the 2nd of September, that it
will devolve upon you in your
Legislative capacity
to maet laws and
Dedinances
I
148
Ordinances for the Government of British and for enabling Berthagerty's Contals in
Lima, Subjects in China) to give offect them. But
(to
with reference to the present Ander it will be requisite that you should pass an Suactinent by which the degree of power to be bested in the Consuls, should be clearly defined, and the course of Judicial forneeding to be adopted by them, and the manner in which thesi Judgments ar sentences are to be carried into execution, be prescribed. It should also be stated in some such
mactment whether the Conse. is to be
the
Sole judge, or whether there is to be any jury. what the process of compelling appinan
and of execution is to be, and what- the means of punishing
no criminal
and
ن
EX
مجاهد السعة
and the mode of compelling obediences in
Civil cases.
I have thought it necessary to call your attention to these points in Consequence of some observations made by the Law Officers of the Crown ; and I will only add, though without any intention to fetter you in respect to
the course which you
should pursue that it might be the most convenient course as regards criminal matters to allow the Consuls to den, summarily as sole Magistrates, with offences of 2 . minor character, and even with
A.
more serious offences with the Concurrence of Assessors, chosen from
the
149
the British Community, while all offences
of a grave nature, which, if committed in England, would be reserved for trial by a judge of Assize, might be remilled to the Court at Hong long :
that Court you will observe, is empowered, in consequence of the appointment of the Colony of Hongkong. for the trial of Offences committed by British Subjects in thing, to take cognizance of such matters, and the Consuls are authonzed to send British Offenders to Honghong for brial, and while I leave it to you to determine what instructions it may be proper
Consuls
to Give Her the estys loucals in this
کا
respect
ة المكرمة
D
you to
respect, I cannot omit to direct call their particular attention to the provision with respect to evidence lenders by prisoners, contained in the Jonath Section of the Foreign Jurisdiction Act -
But as corcumstances
may
at
tin es reuder it expechent that British Subjects accused of having committed strious offences in China should be tried in the place where they may have transgrefed, a provision has
been inserted in the Order to enable
The Chief Justice of Hong Kong to bey British Subjects in China. I am aware that it might be very inconvenient to the Chief Justice repeatedly to
proceed
proceed to the Chinese Ports for this purpose, and therefore I wish you to
bear in mind that
for requering
your Justification
him to do so in any
mislunce must be found in the
150
urgent necessity of the case
The expences which may be meurred by the thief Justice on any such occasion must be repaid to him, and charged in the contingent account of the Superintendency, and in the same manner the expences of sending. Prisoners and Witnesses to Hongkong will be bome on the contingent
recount of the Consulate from
which
DEX
which they may
have been sent.
I am se
(Signed)
Aberdeen
المالية في
151
1
1
7
152
W- the Court at Buckingham Palac the 17th April 1844.
Present
The Queen's most Excellent Majesty
in Council.
Whereas by a contain Act of
Parliament made and passed in the Session of Parliament holden in the sixth and seventh years of Her Majesty's Reign, intituled, " An Act for the better government of Her Majesty's Subjects resorting, " to China", it is amongst other things -enacted that it shall be lacoful for Her Majesty, by any
Order or
....
Orders
70.
Copy.
J. O. May
hṣ 35
J. J Davis Wr
1844.
་ ་་་
Orders made with the advice of Her Majesty's Privy Council, to ordain for the government of Ho Majesty's Labjects being within the Dominions of The
Emperor of China, or being within
ship, or vessel any ship,
l at
at a distance
not more than One hundred
of not
Miles from the Coast of China,
any
Law or
Ordinance which
to Her Majesty in Cocencil may seem meet, as fully and effectually as any such Law or Ordinance could be made by Her Majesty in Council for the government of Her Majesty's Subjects being,
within,
153
within the Island of Hong Kong : And Whereas by a certain other Act of Parliament made and passed in the Session of Parliament holden aforesaid, intituled " An Act to remove double to the exercise
As
as
"of power and jurisdiction by Ster Majesty within divers Courtices " and Places out of Her Majesty's
Dominions, and to render the
K
same more
effectual," it is amongst
est other things enacted, that it is and shall be lawful for to hold, exercise and
Aer
majesty
enjoy any power or jurisdiction which Her Majesty now hath, or
may at any time hereafter have,
within
+
154
a manner:
within any Cocentry or Place out- of Her Majesty's Dominions, in The same and as ample as if Her Smajesty had acquired. such power or jurisdiction by the Cession or Conquest of territory : And Whereas Her Majesty hath power and jurisdiction in the Dominions of the Emperor of
China : Now, therefore, in pursuance of the above recited Acts, or either of them, Her. Majesty is pleased, by and with the advice of Her Privy Coured, to Order, and it is hereby Ordered, that Her Majesty's Consuls and Sice Consuls resident within the
said
said Dominions, or such other persons
as
Subjects
by Marrant under the hand and Seal of the Chief Superintendent of the Trades of Her Majesty's Salpet in China for the time being, shall be appointed to act provisionally
be
as Consuls or Vice Consuls shall severally in the Districts within which they may respectively appointed to reside, have and hold all nece
necessary power and authority to exercise jurisdiction
over British Subjects within such Distriels
aforesaid, for the repression and punishment of Crimes and offences by them committed within the Dominions of The Emperor of China,
айд
|
TREVENG
EX
2641 for the
And
d for the arrangement and settlement, of all and all manner of differences,
Contentions, suits and variances
Or.
shall happen to arise
that may between them or
>
G
any of them; 7
and shall, moreover have power
and authority,
Mhority, as far
as in them.
lies, to compose and settle all
and all manner
manner of differences,
Contentions, suits and variances
that
may
от
- shall happen to arise, between British Subjects; and the Subjects of The Emperor of China, and between British Subjects and the Subjects of any Foreign Lover, and which. brought before thom for Settlement
m
be
may be
And
155
And Whereas by the above first recited Act it is enacted that it
shall be lawful for Her Majesty by any Commission or Commissions under the Great Seal of the United Kingdom, or by any
Instructions under Her
Majesty's Signet and Sign Mannal- accompanying and referred to in any such Commission
or
Commissions, to authorize the Superintendent of the Trade of
a
Her Majesty's Subjects in China. ( so long as such Saperintendent shall be also Governor of the Island of Hong Kong) to enact with the advice of the Legislative Council of the said Island of Hong Kong, all such Laws and
Ordinances
DEX
1
יל
Ordinances as may from time to time be required for the peace, Order and 1 good government of Her Majesty's Subjects being, within the Dominions of The- Emperes of China, or being within
any
ship, or vessel at a distance
hundred. of not more than one-
miles from the Coast of China, and to enforce the execution of such Laws and Ordinances by such Penalties and, Forfeitures as to him, by the advice aforesaid, shall seem fit ; And whereas Her Majesty has been pleased to grant such Commission as aforesaid _
to
advice
156
to John Francis Davis Coquire appointed by Her Majesty Superintendent of the Trade of Her Subjects in China, or the Superintendent for the time being, of such Trade; Now there fore Her Majesty is pleased, by and with the
of Her Privy Council, to Order, and it is hereby Ordered; that Her Majesty's Consuls and Vice Consuls in China or any persons acting- provisionally
lly as such Consuls or Vice Consuls as aforesaid, shall in the exercise of the jurisdiction
granted unto them by this present Order, be governed by such Laws and Ordinances in that behalf an
be enacted in the manner
may
and form aforesaid by the
Superintendent
as
EX
157
Superintendent of the Trade of Her Majesty's Subjects in China for the time being being, the Governor of Hong Kong : And in further exercise of the powers in Her Majesty vested by the above recited Act for "removing doubts as to the exercise
1 by of poever and jurisdiction: " Her Majesty within divers places "out of her Dominions, and for
/
the same more effectual,"
rendering the
)
Her Majesty is pleased, by and with the advice of Ster Privy Council, to appoint the Colony of Hong Kong as the British
Colony wherein Crimes and
Offences committed by Beelish.
Subjects within the Dominions of The Emperor of China, which it may
be
expedient should be inquired of, kied, determined and peenished within Her Majesty's Dominions, shall be so inquired of, tried, determined and punished, and What Her Majesty's Consule, Vice Consale, or other persons provisionally acting as such sender Warrant from the Chief Superintendent of British
Trade in China as
aforesaid, shall have authority to cause
any
British Subjects charged with
)
or
the Commission of any Crime an
Offence the Cognizance whoreog
may at any
time appertain to
them
Subjects
EX.
821
them
or any of them, to be sent for trial to the said Colony of Hong Kong. And it is further Ordered_
that the Chief Justice of the Colony of Hong Kong for the time being, or other person provisionally acting, as such, shall when daly required by the said Superintendent proceed to the Dominions of The Emperor of China, and shall have power and authority within said Dominions ; to inquivre of, try, determine and peenish, ang Crimes or offences committed by British Subjects within the said Dominions.
the
And the Right Honourable the
Earl
158
Earl of
of Aberdeen and the Right Honourable Lord, Stanley, two of
Her Majesty's Principal Secretaries of State, are to give the necessary directions herein as to them may respectively apportain.
E
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159
INDEX
745
で
37/17/6 formy
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RECEIVED
JULY 6
Sir,
1844
Foreign Office,
July 6. 1844.
160
aberdeen
Iave directed by the Earl of abandon
am
W to request that you
привре
to Comend in Chiche
Hanley
will acquaint
Lord
that in a despatch recently
received from Sir Heney Pottinger, that Officer unger upon ther Majesty's Government in the strongest terous the indispensable necessity, for the purpose of preserving relations with thina, of requiring and
our a
anvicable
to compelling all claper of Her Majesty's
Cipry
Servants who m
may
come in contact
with the Chinese authoritier and
W. Hope safe an
People
а
#+m
131
usager and
People, to respect the usager
instituctions of China, and to study the wishes and feelings of the authorities and People of the Country.
It
may readily be conceived that
in so peculiar a Country
av
China,
actions, indifferent
indifferent in themselver
and which among European nation
would lead to little or no inconvening
might produce an impression highly unfavourable to the British character, and destructive of that wholesome influence which it is so important should attach
in
161
in thina to every thing connected with Great Britain._
It may be hoped that oracions will rarely, if ever, arike where any persons in the publick service shall Expose themselves to censure on the charge of wilfully offending against
the
uxager of thing; but hord Aberdeen is reposed to concur in Sir Henry Pottinger's opinion that it would be well that all publick Servants in China should be apprizes that they are expected and required uniformly circumispect in their conduct, and to abstain even from things indifferent, if likely to give
to be
occasion
:
**
occasion to misinterpretation; and
that they should be fully impressed with the conviction that Her Majesty's
ent are resolved to discountenance
Sovernment
any proceedings offensive or annoying to the Chinese Authonties and People,
and if necessary
to vixit with the
severest displeasure any persons
under their immediate controul,
against whom complaints
161A
Enforcing upon the attention of persons in the Colonial Service, the principles
which he has recommended as the
general rule for the guidance of all publick Servants in China; and that as Superintendent of Trade he will have directed the special attention of the
- point,
Consular Service to the same notwithstanding the positive instruction
on this
to the same
effect issued by lord
on
head should be substantiated..
Lord Aberdeen presumer that the Governor of Hongkong will himself have taken measures
zer for
Enforcing
Aberdeen to the several Consular
officers
on
their appointment.
But Lord Aberdeen would suggest
Jor
Lord Stanley's consideration
whether it would not be advisable
by special directions from this
Country
}
val
Country
the
to make known to the
Military Authorities in China, for guidance of all Persons in the rulitary service, the wither and commands of Her Majesty's fovernment on the points adverted to in this Letter, and their determination to Enforce compliance from all Person Engaged in the Publick Service in
China and it's immediate
vie
vicinity.
A Letter to the same effect
has been written by lord Aberdeen's
direction to the Board of Admiralty.
даши,
Jam, Sir, Your most obedient
humble fervant
All hddington.
!
!
162
533
my
&
although
will be persons quite
Sependent of the God
sume that there
I she doubt whether
at
zy
and to win that a
C.O. With for the F.A.
dan to the lis
hul
End
2030 China
11
The Lord I. Someint "July 1844
Mylord
Forwanted! JULY
TR
Muda.
BY: DOM
Bend Stanley 10
44
July 16t
Caurdirected
163
Stanley benclose you herewith, for the information
A.G.
the Commander in
Chief, the fahy of a letter Copy addressed to this Deptly direction of the Earl of Aberdeen pointing out
the necessity of restraining all NM subjects in Nous
Kong
Nong
and on the Court
of thina from every
which Mo-ceeding
mag
give offence to the Chine authoritie, or people. dard Stanley agrees with the Earl of Aberdeen
to the importance of The most Cultivating
friendly intercourse
as
with
5
EX
J
23:
the Chinese and sfavoiding anything which owing w the peculiar customs and laws of the might be calculated to
give
the Cheiere
Jam
them offence. therefore, to request that
som
move
Lordship would
the Commander in
Chief Wisue the neupany
orders to the
Military authorities in Hong Kong in the spirit of Lord Aberdenis suggestions, for restraining all Officres and soldiers
under their command
from any proceedings which might interrupt orendangen
the harmony
subsisting beteven Magneti and the Chinese.
Ravese
164
1
4
<
·
Sir,
1359
RECETE
MC 11) Foreign Office,
August 7. 1844.
AUG 8 1844
165
ho 52.
аш
directed by
transit to
The Earl of Aberdeen to
: You herewith, for the information
of Lord Harley, a duplicate of a Despatch with its Inclosures received from bir steary Pottinger relative to the trial and conviction
in a
Court of Aducirally constituted under the Orders in Council of December 9. 1
Jass Javery
1833.
by the thief
4. 1848., and held by the A Superuatendent of British Trade in China, of Salvador Lacrace, a Spanish Subject, accused of the murder of William Hopkins,
a
2 British Subject, on board the British
Porig "Harlequin " off the coast of thina.
J. W. Hope Eag
Lord
EX
It a
Wha
End 144
نها
with
in
J
Lord Stanley will perceive by the inclosed Copy of a Report from the daw Officers of the frown that they are of opinion that the trial has been regularly
conducted, but recommend that the punishment of death which has been awarded, to the Defendant, should be commuted for one of transportation._
Before however Lord Aberdeen instructi the Chief Superintendent to that effect, His Lordship would be glad to know
whether it would be consistent with views that the criminal
Lord Stanley's should be transported to any, and in that case to which, of their majesty's Colonies; and Lord Aberdeen will
therefore
his ansive
therefore confine his Pottinger's Bespalat
fird
de intemation
to a more
that the prisoner's life will at all exeats
be spared, but that the conditions on which m
is extended
mercy
will be made known to the
but the chief. Superintendent by a future of floternity Lord Stanley will not fail to rewcarb in the inclosed Pappers
that an opinion appears to be
Entertained in
Hongkong
that all
capital sentences must be confirmed in England before they
into execution.
can be carried
Jame, Sir, Your most obedient
huneble Servant
Alle Adelinglove.
The
270
Ft.ll. Addington dry
ier
?
4 Mudah 23
i mn
in 12 Aug
Mr. Pope.
I do not understand on what prend
ser Burgest maintains that all expital sentences must be
con fermid
England befne Rey
are exented in
in the absence of any explanation for on afforit. to lay down the
mos
a
Kong Kong. But
Song him I thored out hestars
listenity
hondly a distinct
Regible. The hangfuttation of Aristics
Land, would be but to an
flaue to the other, at h
ible; x
of unintelligible.
with africa
Los to consider
&
de
diffing
They would die of the hauth men what mir das
He will of course huden. Ford till
subject. He will
of the hude
his Davis
ждени
him that such taupertations renact be permitte
дау
have him to duide
H
the rest hest
x
ة
M Hote
N&Shiphon
A3
LondStormley 25
Mesope.
forround 26-
ный
29 Angenthey
Lave
167
directed by
ript of four lettuc locd Stanley Back th
the
A Pottinger reporting
Repo Despatch from bir
of the extent incloning
the
here? on the P. O. Cettureem a
177/; boy 6/7m. Addington altho the
Shave addreped this draft hial and conviction of
a
up: WM. Davis _ in order
ther to contemplate
Lalvador Laccase for the Spaniard named
would mouth fi
Hory correspondence which
to avoid the confersion in the queder
ни
of a British sales
nga
home des : of state being suclose an from the Governous des Harlequin"- You
on board the British Brig.
милия
Ganother
mother.
вст
wettepe / finish for to the Halment
کت
the weepity for conflunces of Capital hate, at the end of lo haces
Приним thi
dumm
conctuele he is is
Aus question of transportu
Ittunk regulu
is mer
which
jounin mit
Casses we permit Suropeens and some of
there stuit mus
the mumber of cnvrction
ит
ни
with
for when.
Which we have
this how isiniciale weder utic
-and the corner i Juris ci
the Wathesis as to
kausporthale to be chipame
Ниготь
Istrich thee better phones
In the mean time
the Mistur lucrate Le detuned in lety.
called on to minduct
Heat Conatechs. I dont think Custration dates. love sublithe
In fact
아
also
daw Offices of
opinion from
the Crown our the
the crimestarices under
to the effect that from
was amenable to the
committed the offender
fence was
which the offence
1
831
Admiralty Coutalitang Hong and that his trial week regularly corideccted that Leibernal_but
adverting to the fact;
before
that
of the
of dea
the case the punishment
cathe ought t
ought to be communited
for transportation. You
we
cordings express
the
Sans of lebe ideen's desire to be informed whether
it would be consentent
with Lord Stanley's, viedr that the Criminal should
be transported bany, and which, of the Accotiation
Colonies.
Enreply Jame to state for Lord Aberdeen's information,
Stauley
Kat Lord
has already had
accasion, with reference
to citate provisions fan
L
168
Ordinance for the registration of Deeds haped GAir & Pottinger, Spoint out to M Davis that here
за
are no means
offinding
Convicti
uplogment for froustong Koup in the
Australian Colonies and consequently that Finger cannot sauction their hacesportation thither. To this view Lord Stanley feels compelled Wadhere. The havesportation of
Asiatic convicts to
V. Dland (througone of the Australian Colonier towhich Convicts are now Rent) would tot be inadmissible, matum they would be useles
as
and muntelligible in
andiald
That Colony and
101
pisbably not convive change of Climaty the
Even in
tha
(
doubt this-inspot
Belive My de de But wolle merchants chemmal
глесь
Aut
case of lurdeau
Conviel; there are cireuu.
stances in the
ил
presentstale
of t. D.Land which would
makeila
Wuinneare
very inexpedient
Convicts now there by
The number of
Go the
Convicts from any Colonial Posessions of
the Crown. Lord
Stauelez
apprehends, therefore,
hat Mr Davis mist be directed mimedeatif to
consider and decide on
the nature of the secondary punishment to be established
in
Hans have for offences
we nature, and
of a grave
to commite the sentence haped on Lacrape for such
an account of that secondary знаемествам
169
punishment armaghe
as
Commenxecrate to the erine of which he has
бри
been convicted.
пи
Inrespect to the opinion stated at the close of tr Burgafis report that all capital sentences promouend in Hougtong must be confined in England before they into effect dord stanleyen
ні
can be carried
ble tocou
is meable
on
bconjecture
what grounds M. Burgafs has provided
however, ?
can be
more brroneous thar that opinion. It is not only not neupary.
of
bubihin
medesirable that the
incentionatences of death
་
pronounced in Hongkong should be postponed for
EX.
а
#TI
merely formal reference
be-
Wother Country in any Cases where it may necessary eventually to thens into effect. The Governor by His
Cary
is inverted
is
Commission with full power either Deary into effect, to uskite or to remit any such sentences according This judgment, and on his own responsibili - and its will be his duty to exercise that judgment and discharge that responsibiliz
G
on every shine.
such case submitted
Lord Stanley
considers hatch would
the desirable with referenc.
170
to the present case, that
In Davis should be destinely apprised of the real nature of his powers,
of their
in maters description.
Shaver
}
Copy
Mydard,
to
us
In 1959 Kong h
171
Doctors (ammons, 31 July 2004.
RECE
0.0.
3 AUG
We are honored with your Lordship's commands signified in the Addington's Letter of the 11th Instant, stating he was directed by your Lordship to transmit the inclosed despatch & its inclosures received from Sir Henry Pottinger, relative to the trial and conviction in a court of homiralty constituted under the Orders in Council of dec: the 9. 1033 and Jaw : 4.
of 1843; and held by the Chief Superintendent of British Trade in China, of Salvador Lacrase, a Spanish Subject, accused of the murder Stopkins, a British Sabject, on board the British Buy " Harlequin" off the (ourt of China.
of the murder of William
Mnr. Addington enclosed the brders in Council referred to; and copies of the China Acts of les and 1843; of the Commissions ofmed
under the
last of those, and of
ай
Instruction which was
addressed to Sir & . Pottinger in December last with respect to certain Regulation's promulgated by him for the guidance of the Court created by the briders
Council referred to.
Vor
Mr. Addington also inclosed the further Order in Council of betober 1843.
Mr. Addington was
was
pleased to request that
we would take Ser 4. Pottinger's Report of the
proceedings in the case
Earl of Aberdeen. K. J.
れ
Ku
2 case of Salvador Lacrase
into
our
into consideration and report & Your Lordship, opinion as to the instructions which should be addressed to the present Chrif Superintendent with uference
thereto.
and
In humble obedience to your Lordship's commands signified as above, we have read the despatch, notes of trials, opinion of bar Barges, and the other Documents, and fully considered the same, have the honour to report that the Prisoner having entered at Hongkong
Hongkong on board the
on board the British Brig, and the offence in question having been & committed by him on board that Brig, while he was serving therein, we are
of opinion that he was properly amenable to the jurisdiction of the Admiralty Court at Hongkong, and that his trial has been regularly conducted before that
Tribunal.
and
Looking however at all the facts proved at the Trial we think it is a case in which
recommend that the
sue should humbly
と
pancihment of death be commuted for one of
transportation.
We have so
(signed)
1. Dodson
WWFollett Fred Thenger
под
Bup. No.3.2.
Ne2.
My Lord,
RECENTS
AUG.
1844
9
N13594
Government House Victoria Hungting - 27 - March 1844
в
172
I have the hever lo inform Tour Lodeh, that a Session of the Admiralty and Criminal Court of Hongtting and it's Dependencies was holden at Victoria on Monday the 14th day of this month of March 1844 agreable to Croclamation previously published and mades.
th
I have now the hover to forwards to Your Lordship the following Original Procedings of
the said Court:
1. Copy of the Record of an Indictment and
conviction of Murder in the case of the Queen against Salvador Lacrae Mariner of Hongthing for the Murder of
William Hopkins.
me
2. Notes of the Evidence and Verdict wherein
The Wight Homerable,
Me arl of Aberdeen N. S.
h
the
EX
را
No 4.
་;
The Prisoner was recommended to therey laken.
: to wo during the Treal of the said Salvador.
Judges of
Lacrase by Ster Majesty's Superintendent of " rade te in China, who presided as the said Admirally &ourt. 3. Opinion of 1 Wichard Burgass Esq. Barrister at Law the legal Adviser of the Governance & of Hongthong and of the said Superintendents of Kade. to, as to the jurisdiction of the Court over the. said Salvador Laerase.
It will be seen from the Record that-
the Prisoner S.:.:.:. . der Lacrase was
No3.
nea
file
of the & ime of Murder for which he was
found guilty.
arraigned
and that senker. . of Death has been recorded-
4. inst him by the Court.
I think it right to state to Your
Lordship that although Mr / Jurgass acted as Prosecutor on the part of the Crowns, he also, by the special desire of the Court, urged argument that occurred to him. 1. addressing
every
the
гов.
the Dury in favor of the accused, and that
every
173
thing that passed in the Court during the Irials. was most carefully interpreted and explained to the Prisoner by Sworn and competent; Interpreters . dalso think it right to forw
right to forward to Your Lordahip the four following additional documente 1 The Address of Her Majesty's Superintendent of
Trade. te., _ who presided as Indze - to the Foreman and Members of the Grand Dary their being Arvern es
nv
2 The Remarks made by the said Superintendent de, to the Petty dury at the close of summing up the Evidence shown in the Notes.
Deb . 3 . The Terms of the Sentence passed by the
Ney
Court in the Clusoner
4. The Depositions taken in the preliminary investigation by the hief and Marine Magistrates of Police.
I have to request, that Your Lordship will be pleased to humbly lay this despatch and
ds
-----==--------at LEཁ་---------------"་
EX
-
it's accompaniments - as herein described - before
the Queen logether with my
humble and
}
1`spectful, recommendation, that Her Majesty will, pleased to extend Her bracions and it rayals Mercy to the Prisoner Salvador Lacrase who
how
is
lodged in the d'ail of Victorca and who now stands convicted of Murder, and will be pleased to Commute the st. Merces of Death which, has been readed against him, into ewe of dransportation for life or for such other period as other Majesty Shall in Her Anfal Wisden deem
one
and consider to be filling and meet
I have the homer lobe,
My Lord,
Itz most Obedient,
Aremble. Sersand,
Gminy
L
2.C-
į
J
174
:
Copy
From Law
July
Officers.
31.6844.
Ju1359 4/
Hi 175
List of Enclosures to despatch N. 52 of the
27th of March 181.4.-
Ind. W. 1. Copy of the Record of an Indictment
and conviction of Murder, in the case
of the Queen against Salvador Lacrase Mariner of longhong, for the murder of one William Hopkins.
No 2 Notes of the Evidence and Nerdict-
wherein the Prisoner was recommended
-
to mercy - laken down during the Trial of the said Salvador Lacrate by
Ner
a.
Majesty's Superintendent of Rado
Trade
tor in China, who presided as Judge
of the said Admiralty Court.
N: 3 Opinion of Richard Burgass bequire Barrister at Law, the Legal Adviser - of the Government of Hongkong, and
of the said Superintendent of Trade
tea
EX.
!
MAKIT
us to the jurisdiction of the Court over the
said Paliador Lacrase.
met : W4 . The address of Her Majesty's Superintendent
〃
哈
of trade tea, _ who presided as Sudge -
to the Foreman and Members of the Grand
Eure on their
ir being
sworn in..
win
: 5 - The Remarks made by the said
te
a
Superintendent &c.?, to the Petty Jury, at
the close of summing up the evidence).
shown in the Notes.
9_ The terms of the sentence passed by the
Court on the Prisoner.
" 7 - The Depositions taken in the preliminary investigation by the Chief and Marine Magistrates of Police -
Bruny ну
ca
(
176
M
Inel: 1 in despatch 5.2. of 1844-
Th1359
AK
177
Record of
an Indictment aux
and
conviction of Murder at a
Murder at a session.
of The Criminal and Admiralty
Court of Stonghong held
4th day of
March 1844.
on the
Songhong to wit : Be it remembered, that at the session
Victoria
of The Criminal and Adminalty Court of Hongkong, holden at
Monday the fourth day of __
or
March,
in the Seventh
of the
year of
reign of Qur Sovereign Lady Victoria now Queen of Great Britain, before His Excellency Sir Henry Banger- Baronet. Hright Grand Cross of the most honorable order of Major beneral in the Service East India.
the Beath,
of
The
Company. Governor and
Commander in Chief of
tho
the colony
of Stongkong and its dependencies, and Superintendant
of
the trade
F Tver Majesty's subjects in China, spigned by of the late Lord the Sting Williame
an order in Council
The Fourth, sated the ninth day of December in
One thousand
and
in the
year
Eight hundred and Thirty three and by another order in Council of Our present Lady Queen Victoria, dated the fourth day of January in the year One thous and Eight hundred Forty three, to hold the said Court, according to the law and Custom of the realm of England, by the oath of John Dent, Thomas heave, Patrick dungeon, Christophers Fearon, Patrick Stewart, Thomas Scotland David Jardine, Angus Fletcher, William Blenkin, -:-
Charles
178 Charles Edward Stewart Alexander Phomas Cordon, Charles St George.
-
Cleverley, Joseph Frost Edger, John - Holliday, Robert Strachan, and Thomas Augustus bibb, good and
men of Hongkong afore=
C.
awful enon of
irid, then and there impanelled
sworn and charged to enquire for the said Lady the Queen and for
the body of
the said colony,
it is presented, that Salvador La= case, of Stonghong, marmer, not
fear of God before
having the fear of
bit
eyes.
but being moved and
instigated by the devil, on twentieth day of October,
thousand
forty three,
the
ht. hundred and --
eight.
in the seventh year
of Our Sovereign Lady Victoria with force and arms, upon the
high
.
high
f
sear, within the poutdiction
The Court
of Adoniralty of .. Stonghong aforesaid, to wit,
about the distance of
one mile
from Namme on the coast of China, in and upon one William
Toptions, then and
on board of
big.
ar
and there being a certain English - repel called the Harlegung
and in the peace of God and Our
་
said Lady the Queen, felomously,
wilfully,
and of his malice-
aforethought, did make an
apault; and that the said __
Salvador Lacrase, with
a certain
the values
of half
An
ره
knife of dollar, which he the said Salvador
Lacrase in his right hand then
there had and held, the
ناقة
laid William Stopkins, in and
upon
1
of
upon the left side of
179
the back,-
between the short ribs of
--2-2)
the said William Hopkins, then and there, feloniously, wilfully; - his malice aforethought
and
F
did strike, stab, and thrust, giving
to the said William Hoptions, -.
there, with the knift
then
and
aforesaid, in and upon
the said
left side of the back between the
hort ribs
of
him the said --
William Hopkins, one mortal __
wound of
inches and
the breadth of three-
af
the depth of six
inches ; of which said mortal -
wound
the said William Hopkin,
the twentieth
from the
in the
day of Belober
year aforesaid, until the tiventy seventh day of Dctober in the
year afores and.
an
the
high seas
ане
!
--
F
P81
from Ka
hamme
au
the Coast
one mile from
DJ WE
of China aforesaid, in the brig - repel aforesaid, within the crisdiction aforesaid, did languish
languishing did live; and in
Grr.
ساختند
which twenty seventh
day of Botober
In the year aforesaid, the said
William Hopkins,
on
seas one mile from
the Coast.
in the bing
of
ar
the high- hamnno
azr
Echina aforesaid, ressel the Harlequin - aforesaid, within the jurisdiction
aforesaid, of the said mortal
wound died; and so the bross aforesaid,
an
their exit afore= that the sain salva- dor Laccase, the said trillian.
Said, do say,
Hopkins, in manner and
form
aforesaid, feloniously, wilfully,
and of
his malice
afore thought
did
did kile and smulder, agamist
180
the
peace of Our said Lady the Queen
Her Crown and
dignity. And here cometh the sack Salvador Laccase
imder
the
custody of the Honorable Major William Came the chret - Magistrate of Hongrong aforesaid, (in whose custody,
the fail of
Victoria, for
21/
71-
the cause aforesaid, -
he had before been committed) being brought to the bar here in his proper person by the said Chief Magistrate of tongtong, to whom he is also here committed and forthwith being
demanded
oncerning the premises in the said Indictment abone specified and charged expon him, how he will acquit himself there of__ saith, that he is not guilty there of :
and
1
¿
1
P
and thereof for good and evil he puts himself upon the Country : and Richard Burgess, Exquire, Barrister at Law, who prosecutes for the said Lady the Zucen in this behalf, noth the like. Therefore let a jury thereupon here imme= diately
before the said Lire Henry Pottinger, of free and lauful mere of Hongkong aforesaid, by _ whom the truth of the matter may
Corre
the better known, and who be
are not
of kin to the said Salvador Laccess, to recognize, upon their oath, whether the said Salvador Laccase be quilty
the felony and murder in Indictment aforesaid shove speri=
of
fied, the said Richard Burgass
the
the
or not
guilty because,
cutes
for
who prose. the said Lady the Queen
use; as well
in this
{
.9.
181
in this behalf
as the bait Salordon Lacrase, have put themselves upon
the said piny. And the pros of the said Jury by the Officiating Recor.
ding Officer of
this Court
Court for
This
purpose impanelled and returnid to wit, George Drouet, Joseph Latter- Francis Dickens, John North, Jann
Carved
Miller, Charles Trachwick, Robert
Mackins Stephenson, James Brimsions,
James
Thac humray, Charles Francis Smith, James Bowen Pain, and Minixock Mac Liven, being callest come; who, being, elected, tried, and sworn to
speak the truth of and conciling the premises, upon
upon their
their rath
Jay,
that the said Salvaton Lacrace is
is quilty of the felony and murder aforesaid on
on him above charged
in the form aforesaid, at by the
Indictment
10.
this
the
Indictment aforesaid is above sup= posed against him. And upon
it is forthwith demanded of Jack Salvador Lacrase, whether ne hath or knowe #
any Ling & say wherefore the said Sir Henry Pottinger
here ought not upon the: premises and verdict aforecard to proceed to judgment, who nothing turther saith except as he before hath said. Whereupon all and
Singular the premises being seen,
and
дет
by
the
said Sir Henry Potten = here firily understood, it is
considered by the Court here, - that the said Salvador L'acrase-in
be taken to the Jail of Victoria
m
whence he came, and
from
from thence to the place of execution, and there be hanged by the neck
until
until he be dead; and
wards his body
anatomized.
and that
182
after.
be
dissected
and
CMHillier
Officiating. Recording Officer
to the Court.
:
1
יין
भर
Inel : I in despatch. 53 of 1844.
RECENTLY
AUG 18
1844
1359 ALL
Nolis taken by Fu Henry
183
Pottinger on the trial of Salvador Lacrase for the murder of
RECORD OF
-
Fitbites. Duncan Rewart Oliver is called
into Court, sworn and deposes as follows, Sam Master of the English Breg Harlequin and was so in October last. The Harlequin lay at anchor the whole of the month of October at hammo. hammo is about 117° East Longitude. It is within less than tin miles of the Mainland of China. Iwas
d
a v
of China.
shore. Heard that the 2nd mate, Mr Hopkins, had been wounded. I went on board. The wounds had been dressed. - I saw them two days after. One was severe and one slight. I mean by severe-deep- the edges of one wound were rugged as if a knife or some instrument had been
turned
-
184
The
turned round in it. It seemed about poo
of
no
n
encased. Thad no matice existing on the part of;
inches broad and three or four deep. Mr. Hopkins the 22 mate had been
nd
previously in good health. When I went on board
couch in the Cuddy-
he was bying
on a
He lay there till he died. He was
sometimes carried
air: Shad no
on
deck to get fesh
conversation with him.
I was ordered by the Doctor not to speak to him. I do not know what he died
ourr
of. Imean from my
Knowledge. I was told he died from inflammation of the Bowels caused by the wound: I "believe that that was the case. Sobserved no intestines protruding when I saw the wound. The deceased was apparently in great pain :- After he died I was present at the examination of the hody - One large intestine was divided and wounded very much. I knew
To
Risoner against the deceased. I had conversation with the Risoner after the
stabbing
this wit
The Risoner declines to ask
witness any questions and he is
allowed to withdraw.
2 titress Benjamin Holton swom. I am a
burgeon... I have heard the last titness evidence I think the wound described by him would cause death. I have no doubt of i
3rd With
recover
it. No n
an could
man
a for such a wound.
Mitrests. The Honorable Major Caine is
called into Court and sworn. - States- Sam Chief Magistrate of Houghing.. on the arrival of the Harlequin from hammo, Sexamined into the cause of the death of the 2 = mate of that vessel . The Risoner at the bar was
present:
1
EX
-241 Theld out no inducement & present.
out.
used no threat, to make him confess.
- Stold him that whatever he said
"
would be taken down. These
are
the
or
magisterial Records of that examination. The Prisoner said that a mark
по
his shirt was blood which flowed from
om his
his mouth when he was kicked the 2nd mate. The thirt was so
soiled and dirty that I could not say that the marks pointed out were those of blood. The hitmer declared he was blind pourrage. that he was out of his senses from anger. He said he
liked W. Hopkins . He disliked him because he beat him.
never
Λα
The Prisoner declines to put any questions to this teitness, who is
allowed to withdraw.
Lewis Baretto is called into Court Witness
and
*
Fitness
185
and poorn. States as fellows. Sunderstand Spanish and Portuguek, Jacted as Interpreter
eler on
on the examination held by the Chief Magistrate into the cause the death of Mr. Hopkins. I now refor
to the magisterial Roceedings before. the Court. They
passed on the
of
are correct, and what The occasion The Prisoner declines putting
any questions to this witness who is
allowed to withdraw.
ru
Dan Partridge called into Court and hoorn deposes as follows. I am at present 2nd mate of the Brig : Harlequin, I was 3d mate . I was on board the Harlequin in October last, The
Prisoner at the Bar stabbed Williams
in in
Hopkins on board the Harlequin October last. I saw him do so. I was on
the top gallant fore castle attending
to
1:
หู่ 11
to
3. The deities of the vessel. The deceased Hopkins was then 2 the mate. He was also deck. He came ward and asked the Prisoner at the Bar why he had
on
forward
only scrubbed two gratings. The 2 = mate then struck the Prisoner with the palm of his hand, and called him
a
lazy fellow. He soon
a
after
struck him second time. This was about three
minutes after the first blow. I heard the Prisoner say nothing. The 2nd mate struck with the palm of his hand. a good blow. I was about right feet from him. I heard the sound of the blow. The Prisoner was on his knees, scrubbing a brating. The blow did not Krock him down. The 2nd mate stood
I
a little looking at the Risoner. Swal at this time occupied with duties on the forecastle. My
my
oww
the forecastle. My attention
was
was
186
attracted to what passed. I saw both blows. The second one was like
the first. The Prisoner went on
scrubbing the brating after the first blow. The second blow did not knock the Risner on the deck. Spositively
sitively swear that. Sheard the sound of the second blow, as I had done that of the first. Jonly
saw two Haps (or blows.) The mate did not kick the Prisoner.
H
2
The
had done to, Imust have seen it. The Prisoner Kept scrubbing. I was looking at him and the 2nd mate. Scannot say how often
the Prisoner moved his hand back and forward - in scrubbing- after he was struck. From one to tew times. The 2nd mate stood over Prisoner looking
2"
-
at him. The 2nd hate turned round to walk away. He had got about six
when the Prisoner, feet away
er jumped
up
" up and stabbed him. I saw this . The
2nd mate turned round when he was stabbed. The Prisoners back was then to the 2nd mate. I can with No Smith (the Supercargo) to get the knife out of the Prisoner's hand. He grasped it so tightly that
we
we
could not do so until
struck his hand against the Bits: The Findal and Lascars came as soon as the trife
was taken from the Prisoner, who was then secured. I . then wished to render the 2nd mate
assistance, but he begged me to go for
the Doctor who was on
' a
shore, Powered
used
boat and did so.
The Knif by the Prisoner was like that which
all Manilla
men wear. Double
edged and sharp pointed. Hove it in his belt. It was not a clasp knife- The Prisoner was
originally shipped
as
.
187
as a Sea Cunnie or person who can steer the vesel. He had been reduced. Does not know whether Nor Hopkins report led to Chisoners being reduced not.- Has seen W. Hopkins strike the Prisoner before- About three weeks previous
that occasion
or
only
a
once.
Chrisoner
on
turned round and gave
black look. Means
In Hopkins
a menac
renacing
look. Thought the look denoted that the Prisoner would serve him (Mor Hopkins out at some other time Mr Hopkins observed, that he should like to know what the Prisoner meant by sich a look. Witness had no idea that the Prisoner intended to stab Mr. Hopkins. Witress has had conversation with the Prisoner. He used to look black when his meals
were
given
no
was
to him: Generally he
laughing
EX
188
giver
ago
laughing with the Crow: The blow
to the Risoner by Mr. Hopkinis about three weeks was a
few... days before the Prisoner was reduced. The Prisoner declines to att any questions of this Witness, who is
allowed to withdraw.
b
Lewis Christian Smith called 6 thtricht. into Court and sworn-States-Sam
Supercargo of the Brig Harlequin, and
was so on
board of that vessel in
2
on
Nammo Roads in October lash. M Hopkins the 7th male was stabbed. I was then below. I heard a noise deck and ran up . I saw Nor Hopkins the 20th mate struggling with the Risoner forward. hove of the would come to assist in securing the Prisoner. The Prisoner had a knife in his hand thus ( here witness
describes
crew
lo
describes what is usually called back handed) and was endeavouring stab Mr. Hopkins. Scalled to the Syrang
to come to our
was
assistance . The Rismer very thong . He got the knife out of Prisoner's hand: The Prisoner was greatly enraged. When disarmed he was bound to the side of the Ship . He looked back when toitness was examining the wound tur Hopkins had received, and laughed. Witness
thinks he would have made another attack on Mr. Hopkins had he not been bound. He was in a great passion. Witness at this time only observed one wound. Mr. Hopkins was
isted below. He
a
never came on
deck
by himself after this. He died a werk after: Witness has no doubt het his death was caused by the wound he
received
DEX,
received from the Risoner. Edeceased was healthy and stout before. Witness never heard, that he had been treated by the Doctor for any
other sickness
or
reason except the wound. Witness has seen Mr. Hopkins strike Prisoner once or twice. Can speak positively to once. About 8 days before he was stabbed. Sitness observed to Nor Hopkins, that the
do him some
harm " - Prisoner might do him He made this remark because Risoner
walked
away (after being struck about 8 paces, and stood and laughed maliciously. Witness
saw the Prisoner
-
He did
pass the dead body of Mr Hopkins- He did not appear to be
to be sorry not actually laugh, or smile. He served unconcerned .- Witness had some conversation with I. Hopkins before the - from the shore to dress the
Doctor came
wound.
189
wound. Mr. Hopkins told Intress he thought the Risoner had done for him.
He meant that he would not recover. Witness saw Mr Hophins dead body examined - understood he had died from the wound. Witness know nothing about the Risoner bung reduced from
a ka Cunnier
The Prisoner declines to ask
this Witness any questions, and he is
allowed to withdraw.
f Witness. Trancis Antonio is called into
Sain
Court and Sworn. States. I am a hative
of Manilla - I was on board the Harlequin in betober last-Remembers Nor Hopkins being stabbed by the Prisoner about (O'clock in the morning. Describes that Mr. Hopkins
Hopkins came
pom below apparently to look for the Risones Did not find him - Prisoner presently
-
Came
INDEX.
N
came
from the Head _ W. Hopkins
asked him where he had been- Risoner
replied he had been to the Head. Mr. Hopkins struck the Prisoner a blow, and
said. "Do as
I tell you
Prisoner replied
three paces
"Yes, Sir. After walking
walking away came back to the Prisoner
Mr. Hopkins came
gave
who had begun to scrub a trating and hime another blow. This was repeated three times - Ir. Hopkins (after the third blow) Kicked Prismer who jumped up: pulled out his knife
M
which he had in his belt and stabbed No Hopkins-Witness describes, and speaks
saw - They (Mr. Hopkins
pom what he saw . and the Prisoner) struggled together.
Thinks it was about a
quarter of a
minute after
the Kick was
giver before
Mr Hopkins was stabbed. The Prisoner
went on scrubbing the trating for
moment
a
190
moment, then jumped up and stabbed
Mr Hopkins - Cannot
Jay
how
·many
times Prisoner moved his hand in
scrubbing the Grating after No Hopkins
him the last flow. Witness has "been struck frequently by R. Hopkins
gave
Has had
no conversation with the
Risoner since the stabbing took place The Prisoners face showed great anger.
He was in a
fire.
a ra
His erges
were
like
Srevious to the day on which nor Hopkins was stabbed the Prisoner had observed to Witness See how this F. Mate
about.
orders us
to put
The Prisoner has no questions
to this witness, who is allowed
to retire.
5. Witness. Duncan Stewart Oliver (the first
thtress) is again called into Court
and examined on his
on his former
1 former Bath,
Mates,
1
DEX
༠༩༥ལྕ
states, - The Prisoner was
-
at. Hongkong
shipped by
at a la Cunnie-Talso
disrated him - Neither I Hopkins
any
one
nu
nor
else suggested that disrating. I found out, after we put to sea, that
unequal to the duty, and therefore Idinated him :
he was
Prisoner has no questions to atk and the Whitness retires.
Shaik Mahomed (a Mahomedang "Wilniss native of India) called into Court and
Sworn on
the Koran - States as follows Jam Burra or Head Lindal of the Brig Harlequin - I was to in betober lash I know the Prisoner at the Bar-He had been a lea Cunnie but was disrated.
We were washing decks in the- morning . Ir tropkins the 22 mate forward and asked who was scrubbing the tratings - He was told
Came
-
the
ED
191
the Prisoner. He ordered the Prisoner to
be called and when he
came asked
The
him, why he had
gone away Prisoner said he had occasion to go
was on
to the Head. The Prisoner began to work at the Crating . Mr. Hopkins truck him three times, and when he turned to walk away after
The third blow the Prisoner jumped up, rushed at and stabbed In Hopkins. The Witness the other side of the deck and could not distinctly see all that passed. He heard the blows given to the Prisoner. He thinks that after the third blow was given by Nor Hopkins, 10 or 12 might have ben counted before he was stabbed - Mr. Hopkins might have kicked Prisoner without Witness seeing it. He distinctly heard the blows. The Prisoner was
in
DEX
WILL
inv
a v
violent rage.
the Knife
even
He was in a state
of passion. He would not give up
when seized until it was forced pom him. The Witnes and Prisoner Cannot converte together. He has had no sort of Communication with the Prisoner as to No Hopkins having beaten him or others. He knows that Mr. Hopkins used now and then to strike the people.
Prisoner having no questions to ath, the Witness is permitted to
withdraw.
canc
192
up and said something and struck the Prisoner - W2 Hopkins went
а
away a pace or two, and then came back. Risoner continued cleaning the Gratings - Mr. Hopkins struck Pusoner
second time. Witness was afraid to look up, being himself at work. He does not know what acured after this The next thing he observed was that the Prisoner and Mr. Hopkins
a
were
struggling together, and that there was Knife in the Prisoner's hand. It was immediately after the Witness heard a blow that he saw M. Hopkins and the Prisoner struggling - He cannot exactly he could count pom
10th Witness.
Say
Thomas Aquinas being called 10 Mtrife into Court and town deposes, as follows, I am a native of Manilla - I was on Iam board the Harlequin - I was with the rest of the Crew on deck on morning of the 20th day of October Sanc Risoner scrubbing a brating. In Hopkins
the
Ssaw
Came
how
many
the time he heard the blow, till the
struggle began. Witness was also
employed
on a
trating, and dared not look up. Witness did not go to
asssiss
INDEX
α
EXT
Say
ΟΥ
affist in heuring
the Prisoner-He cannot whether the Prisoner was angry - not . He supposes he was angry both prom what he did, and because he was struck and kicked. He saw Mr Hopkins Kick the Prisoner at the same moment he struck him a blow-
The Prisoner declines asking any questions and the witness retires.
John Francis sworn-States. I am 1 Mines. a native of Macao - I was servant to t= Hopkirs and on board the Harlequin
master was stabbed. My days and then
when my master lived some
died of that wound. He had no other illness. Shave seen Mr. Hopkins strike the Prisoner before - Once or twice. Phisoner remained quiet when he was struck: Iknow of no ill will that the Risoner Піногоброго
had towards Mr. Hopkins-Inever heard
of any such feeling Benny Bing
193
DE
と
५
A
194
Incl: 3 in despatch $. 2. of 1844.
195
In the matter of Salvador
Lacrase a Spanish prisoner
charged with the murder
of William Hopkins
an
English Subject on board
an
English vessel at Nammo
in China.
The Order in Conneil constituting the
Admiralty and briminal Court now existing in the Colony merely gives it Jurisdiction over Her Majesty's Subjects and it will naturalle # to become
matter of inquiry how for Lacrase may come under that designation Blackstone
Vol 1. P. 369. 70.
makes some
remarks
on
the subject which appear to me
toterably conclusive
they
are as
on
the
point and
follows. "The Cath of
allegiance
、་ " :
Aut
Allegiance may be tendered to all
persons above the age of twelve years
whether natives denizens or aliens
either in the courtleet of the manor or in the Sheriffs town which is the court-lect of the county. But besides these express engagements the law
also holds that there is an implied
original and virtual allegiance owing
from every subject to his sovereign
antecedently to any express promise, and
although the subject never swore any
faith
allègiance in form. For king by the very descent of the Crown is fully invested with all the rights and bound to all the duties of sovereignty before his coronation; so the subject is bound to his prince by
or
or as
an intrinsie
allegiance
the
196
allegiance before the superinduction of
those outward bonds of bath homage
and fealty which were
only instituted to remind the subject of this his previous
duty and for the better securing its performance. The formal profession therefore or oath of subjection is nothing more than a declaration in words of
what was before implied
before implied in law, which occasions Sir Edward Coke very justly
to obsewe that "all objects are
bounden to their allegiance
equally
as
if they
"
had taken the bath; because it is written by the finger of the Law in their hearts and the taking of the corporal oath is but an outroard declaration of the same. The sanction of an Gath it is true in case of violation of duty makes the
guilt
DEX
1
30%
اد
quilt still more accumulated by super adding perjury to treason but it does not increase the civil obligation to loyalty it only strengthens the social tie by imiting it with that of religion. Allegiance both express and, implied is however distinguished by the law into two sorts or species, the one natural the other local; the former being also perpetual the latter temporary. Natural allegiance is such as is due from all onen born within the king's domimions immediately upon their birth Local allegiance is
such as is due from an alien or stranger born for so long time as he continues within the king's dominion and protection and it ceases the instant such stranger transfers himself from this kingdom to
197
another. Natural allegiance is therefore ..
perpetual and local temporary only
анд
that for this reason evidently formded
upon the nature of government that
allegiance is a debt duc from the subject upon an implied contract with the prince
that so long
affords protection
so
as
the
one
long the other will demean himself faithfully. This allegiance then both cxpress and implied is the duty of all the king's subjects under the distinctions here laid down of local and temporary or universal and perpetual.
I am aware that in India the Term "British Subject" has acquired
definite
Technical
a
oneaning which however is not
the case with the term "Her Majesty's Subject
in this Country and I think that the
fact
another
EX
}
198
fact of the circumstances of the two countries being so entirely dissimilar will warrant- the putting an other construction on the term. The circumstances of this case are
not fully detailed by Mr Oliver the master of the big Harlequin but I presume that Sacrase struck the blow and that Hopkins died on board that vessel and that Lacrase voluntarily entered on board the vessel in the usual
maimer.
There are two reported cases
apparently similar to Laerase's in which the accused parties have been declared not amenable to the English law. These cases are the King age depardo / Taunton 26. and the King agst de Mattoes 7 b&P. On examination however I think that
these cases are
distinguishable from the
onc
now under consideration and cannot
be considered as forming a precedent for the discharge of the prisoner Lacrase
In the case of the King agst depardo the
Spanish prisoner
party accused was
a
of war who had been allowed to volunteer
as
a
mariner into the service of the East
India Company Whilst serving in that
capacity he killed an English Subject
on
shore at Canton. He was brought to England and tried and convicted for the offence before Lord Ellenborough and Baron Thompson but doubts being entertained of the propriety of his conviction the case was ordered to be argued before the twelve
Яго Andges.
Judgment was ever
given but
the result was that the prisoner was
ont
"!
discharged. The Judges not having stated
the
DEX.
the reasons for their decision it is impossible
to say
on
which of the grounds raised
for the prisoner it was arrived at but the
following circumstances seem to one to
preclude its being drawn into a precedent
the present case.
to
govern
1st Depardo the party accused was
a
East India Company
199
was void, he as an
alien enemy not being capable of making
}
any
valid contract with
English Subject
prisoner of
war
and although he volunteered
into the service of the East India Company
it may
be fairly argued that he did so
under duress and to avoid the squalor
carceres that he consequently did not volimtarily render himself amenable to
same manner
English law in the same
that
the prisoner Lacrase has done by freely
entering
on board on
English vessel in time
of peace. Indeed it was contended for Depardo in argument that his contract with the
Bast
that he consequently still retained his character of a prisoner of war and was therefore not subject to English Municipal Law. The Sudges did not seem to favour
this argument much but it is possible
that it may
have had some
weight with them.
shore 2ardly Depardo committed the offence
on
at Canton where he was clearly out of the
Admiralty Ivrisdiction whereas Lacrave stabbed Hopkins
English Ship
in a
on board an
foreign port where he would be
clearly within it.
3rdly at the time of depardo's trial doubts
seem to have been entertained as to the
Jurisdiction of the Admiralty over persons
on.
DEX.
--་་--
802
on shipboard at a place so far distant
from the sea
as Canton the decisions
however in the King aget demot 1812, and
the King agst Allen 1.Mood.6.6. cited in
Archbold's practice 253. clearly establish that the Admiralty, possesses Jurisdiction in all foreign ports creeks to where great ships go.
In the King ags! De Mattoes the party
Spaniard who entered on
accused was a
board an
English Ship in England for
a
trading voyage to the Indian Seas On the Ship's arrival at Kanzibar the baptain left the vessel set up in trade ashore and
engaged De Mattoes as an
Interpreter who
then ceased to serve on
board. The Ship
without
went too or
three short voyages
De Mattoes and returned to anchor in a
roadstead between Zanzibar and some Glands
منظر
200 the crew being ashore one of them quarreld
with De Mattoes and was struck and killed
by him de Mattoes was tried in England
before Justices Vaughan and Bozanquet and
acquitted on the ground of want of Surisdiction
in the Court. In this case it will be seen
firstly that de Mattoes struck the fatal blow,
on
shore and secondly that the blows were struck after De Mattoes had quitted the Ship
had lost all right to English protection and consequently had ceased to be liable
to English Law. These circumstances appear
to me to distinguish it sufficiently from the present case. I subjoin an extract from work of acknowledged authority "Deacon's Digest of Criminal Law" which favours the view which I take of the present case
The extract immediately follows a paragraph
a
the.
in
DEX
}
201
in which the case of the King agt Depardo
is quoted and is as follows.
"
But quære
whether
a
foreigner voluntarily
"
" contracting to serve on board an English "Ship might not reasonably be considered " " to be (during the continuance of such service)
" within the King's protection and consequently"
"to owe
that local and temporary allegiance
"
"
which is due from every alien while he
continues within the King's donimions I
"
"Bla: Com: 370. For otherwise a foreign sailor"
"engaged board an English Merchantman"
on
" might murder any of the crew with impunity
"who happened to be on shore out of the
"
a
British dominions. If he was employed.
" on
board a King's Ship he could a doubt"
"be dealt with according to martial law
"but if the case of the King agt! Depardo
is .
"
"is to be recognized
appears"
as law, there appears
" to be no other remedy for the punishment
"of
a murder of this description than having" "sunnary recourse to the principle of the "
"ley tationis."
It will be seen that in both the cases
I have cited the accused parties were put
upon their trial. My opinion of the case
now under consideration is that Sacrase
having voluntarily put himself under the protection of the English Law, is subject
to that law and having Committed an
offence
board English ship is liable
on
an
to be punished for it by the Law he has chosen for himself. But even allowing
that
such
be an
an
opinion should finally prove to
incorrect one I should still recommend
that he should be put upon his trial and
Convicted
..
DEX.
1
1
convicted such a step would put the
matter into a proper Course of being decitted upon by the High English Saw
Officers and would enable the Stome
Government to bring the matter more readily before the Legislature if the
present state of the Law be pronouneed
defective and to require amendment I feel confident that the question of Lacrase's amenability to English Law is
by
no
one means
so clear in his favour as to
expose such a step to any chance of censure
and as all capital sentences must be confirmed
in England before they can be carried into
execution here no additional inconvenience
can be sustained by waiting for the opinions of the English Law Officers.
1
202
Incl : 4 in desfalch F. 2. if 1844.
Gentlemen of the Grand Jury,
}
In
203
addressing you on your being
sworn in, my remarks shall be as
are
Jew
assembled.
and. brief as possible. We- here to-day to assist in the discharge of the most important duties that
on us as Men and as
devolve on
can.
members
of society . Those of administering justies.
to our
fellow Subjects and upholding
the Laws of our fountry and the
and. Honor of our. Gracious
Dignity
Sovereign.
In the wholly unprecedented.
position in which I am situated it
would be equally useless and
preposterous for
me to attempt to enlarge
the functions you have to perform.
on
I am not aware that the
cases
which
}
will
INDEX
will be laid before you.
technical
OL
have
any
peculiar in them
thing -You.
of
the
-
say
ou are
after examination
or
the less
serious
Witnesses and full deliberation - to
whether those cases come- under the head of Murder criminal, though still highly charge of Manslaughter.
Should you find any point of difficulty Scannot say
instruct
Lay,
you
on.
that I will
it, but this I may
that I will be happy to give you. my opinion supported by the best advice that Jean- obtain - I will not·
dismiss
labors without
You to your reminding you that in all cases
where
You may
have doubts it is a
the
wise and humane principle of Law to give, the advantage of those
doubts to the accused and
an
observance
observance of this rule is more
specially necessary when it is
remembered that he
can have
no
204
Counsel to plead for him. I wish- to God that
my
share
of the
Investigations on which we are about
had fallen
to enter had.
Men into more
competent hands, but I can at least. that I sit here to exercise the
mise
promise
most rigid impartiality as well as to temper Justice with Merey, and. I am assured that you
will most
cordially and anvioriely unite with
me in the same
feelings..
し
Bring lossing
INDEX
705
2
Inel : I in desp: 5.3. of 1844.
205
After reading over the Notes of Evidence marked Nr 2. Her Majesty's Superintendent. He as
Ve
presiding Judge
made the following observations to the Petty Jury:-
"I have thus, Gentlemen. (of
the Petty Jury) read and explained to
the Notes I have kept
You
on
the
evidence which has this day been-
delivered by fourt. You
u
the Witnesses
before.
this
have seen that the
Prisoner at the Bar has declined to put any questions to the Witnesses.. Mr. Burgau- the Legal adviser. of Government. _ has explained to you
_
-
the distinction between the Crimes
Murder and Manslaughter, and.
You
are now to deliberate and
say
"
f
INDEX
of which of those. Crimes the Prisoner. quilty _ of his quilt in the greater-
is
or lesser
de
question..
degree
there
can be
no
The Evidence as to the death
of William. Hopkins and the
of
cause
his death is full and explicit
You
have
-
a serious responsibility to acquit youreeves of, and. I have only
to beg that in
that in doing so you
will lean
to the side of Merey and will give
the Prisoner the full benefit of any
doubts
You may
have. If you
wish
Notes, or to ask
to refer further.
further to my questions from the fourt, they
are a
any
at your
service and I will be prepared to afford. You answers (to Your questions) to the best of my ability and judgment
an
The Jury retired for about half hour and having returned. into
fourt
Murder
fourt delivered a "Verdict of M
use,
but
against Salvador Lueras recommended. him to Merey
on
account of the provocation he received
at the moment
crime.
of committing the
Esern
*
SOS
Pret: 6 in despatch $2 181844.
207
The Prisoner Salvador Laerase
having been acked what he had to
that judgment
Lay
ent should not be
pronounced. upon him and having "replied "Nothing" Her Majesty's
presiding Judge
Superintendent, 40, as addressed. him as follows.
"Salvador. Laerase!
You
have been found - Guilty after
a
"most""
patient and impartial trial. of the
of Murder on the body of
great crime crime
"William Hopkins. You have stated
that you have Nothing to urge why should not be pronounced-
judgment should not be
upon you.
The
painful duty
therefore reets with: the fourt to direct
shall be taken. from this
that you
Place to the Jail of Victoria whence
You
11
You
came
and thence to the Place of ruecution and there be hanged by the neck until you be dead and that Your body shall
afterwards be
discected and anatomized... but the
in the recommendation
case to the
bourt concurring for Mereg which the Jury who have- pronounced. You Guilty have offered- will humbly submit-your- Gracious and Royal consideration. and clemency of Her Majesty The Queen of England, and pending.
receipt of Her Majesty's Commands You are adjudged to remain in- prison in custody of the fhief- "Magistrate of this "folony
the
then
The Priemer was removed from the Bar in custody of the Chief Magistrate and the
fourt
208
fourt adjourned till the following
day.
C
22
(
と
--
་་་་ -"-་་ ་
j
Case ho 45.
7
1844.
Incl: 7 in despalet 5% of 1841. __
Chief Magistrate's Office,
وي
209
Enctoria, Hongkong 3 Hobruary 1844.
Case No. 45.
Proceedings by the chief and Marine Magistrates of Stongtong,
under instructions from It is Excel = lency the Governor of Hongkong.
investigation of a charge of huurder, brought against Salvador Lacrase, seaman
in an
چکاتے
of
the British
brig "Hartigeim", the property of -
Press = prame Mathesonals, inorchent
of China
The Chiefs and Maine Magis - trates having taken this Leats, the in prisoner Salvator Lacrase is brought
mits Court.
John Havis, keeper of a boarding
house
3
2.
at Traçao states that he under
house at
Stands. the Spanish and English - -
Languages,
and consent to act and
Interpreter _ He is sworn a ccordingly
-
the prisoner acknowledges
kriswelf to be rightly designated as Salvador Sacrase.
Read letter / Fr. 33 fattached to these proceedings ) from the Colomed l'eccetary ordering this investigation. The purport of this letter is explained to prisoner.
Prisoner is told, that the charge preferred against him it. that the morning of the twentieth- October. One Krantand eight hue- : dred and forty three aid on
the British brig Harlequin, then lying. at anchor in the Strait of
he
کرے
board
Framme:
=
ฟ
"wit: Pros:
3.
hanno, on the Coast of China,
210
feloniously, and inslaufully, opault
Sound William Hophuis, 1- the said vessel;
and wound.
second mate of who died, on
Game
the 27th of October in the
year, of the wound. or wounds.
Do received.
Persones pleading not guilty, San Partridge is sworn and
deposes.
Iam second mate of the British brig Harlequin. I was, previous to the Siccase of Pilliam Stopkri's, Fard
: cate of the Harlegum. In Friday - / Ibelieve the 21 of Extober/wotrep
Thehevez
:)
lates that he is not certain as to the
date without reference to the log
book) at seven M.,
was standing
on the tot gallant forcastle of the Harlegum - which repel
evas
Hen
aucher
دی کی
4.
anchor in the Straits of Hammo
Millian Sophins, the
the hand. Prisoner looked up
211
For Hopkin
are a lazy fellow why have
"
second mate
said you
"1
was in the waist
of
the ship. The
you not finished them,"
him, kneeling
on the
Krisoner was near
sects serutting the gratings of the ham.
nock netting!
Insoner had semioved
Á zapa
-grating
and was
scrubbing
a second
Be had been ordered, at
half past five
-rock that mornice, to serve the five gratings which belonged to one sixe of the seck. I had occasion to call him twice before he set to work, he worked.
very unoillingly. I'm of 1- opinion that
with...
Eight with
a person wright.
: iligence have sembled all five gra=
an hour. Her Stepknit-
tings in half.
asked me
10 nose
if prisoner had scrubbex_
than two gratings.
Isaia
22-0
Mr Stopkins then. Strunk prisoner on the
dide
of
འབྱུང་
the head with the palm of
the
and struck
him again in the same manner. About three minutes clapsed lectiva
1
beliver
the two blows Prisoner said nothing Mr. Hopkins turned away, and was on the point of going under the forecastle,
cohen prisoner drew a knife from his belt and stabbed him no the left side - Mr. Hopkins was about five feet from the gratings which prisoner was scrub = bing sohen prisoner stabbed him. Prisoner struck a back handed blow- For Hopkin's back was to prisoner. when he was stabbed, but on feeling
the blow he turned round and. sized prisoner's arms above the elbous. Furoner then stathed him
again
close to the first wound. I
Jaw
NDEX.
$15
Jaw
both wounds
given
For Noptiis
cried out "he has stabbed me and
coiled for the secang and lindals,
any
he however did not render
arry agis: tame. Isirked a cash stone which_
lay
the fore hatch, in order to sitte
prisoncé's hand and make him drop- the knife. I offered to strike him, but Je turned hostopkins back townes Me and this protected inimtes . by For Stopkins' body HerHopkins was bleeding freely.
Mr Smith, the superca 91,
at this time came
on Neck
and priso=
for was taken inte sustody with his.
Mr Smiths
(iitis / apprstance and that
and tindals who then
serang
Forward for
T
from the
way
212
in which his arms were
held he could not effect it. When
I closed with him, he pointed the
tonite at me
strike me.
Alone
for me.
intheted.
best did not offer to
Mrr Stopkins said " he has My
He second wound was
almost minestratete after
the fist but appeared to be a much Sights wound than the just "Geo huvila men
rumor? known in th ship is lomas and Edro! were
ހ
landing within ten feet & Br Athens when he was stabber. Hey-
did not ender the sit igitest assistance
time. They had been shipped
X
of the
a arre
the first time. Pusmer
fpeared to be
much enraged.
very much
He made several atternpets to nighist
third blow on
Mrr Sophins, but
ú
From
:is but retrated for not as Lea cummies, but ritrated
being able to stier the ship Sconsider
napistaine acose from.
that their
.......
sionclivation, not from fear. They-
cord not have prevented the second
blowe
CTS
می
blow given by prisoner. They
were
nearest persons to prisoner whom
:: aw at the time. They
An
lvere.
hott
the
scrubbing at the time. The gratings the other side of the deck had already
been scrubbed when Witch. kins found fault with prisoner - 3 shout a week before Brotoplemis- was stabbed, prisoner, after receiving his usual allowance of
of grog,
tried to get from the steward of
vessel -
the grog of
onl
of the
of his companions, _
which was contrary to orders
contrary to orders - each man
by the regulations of the copot being-
obliged to come for his own,
own groz
In Hopkins actected him, and struck
hand on
him with the open & side of his head. Pusoner turmel
round, as he went forecard, and
-
black look) I mean a me=
gave.
a
a black look //
nacing
9.
213
menacing look / at Mostopkins, who observed him, followed him, and asked him what he meant by it. prisoner did not say my thing, and was pushed forward by hm. Stoptains. After this time, I often observed prisoner look black at - Mrr Hopkins. This led me to conceive
that prisoner had
a rooted ill will
d. a
to Mr Hopkins. A Manila man --
Antoure was standing
haired
the forecastle when hr Stopteris was
stabbed and said "no no ombre;
which I understood to have been
Antonio dida
said to prevent prisoner stroking. Dr Hopkins. not apsist
me
any
خراسان
he
might have done
but I believe he was
hove a good
and a
afraid. Ite
character as a Leacumine
man. The knife used
a by
by-
NDEX.
prisoner
:
İ
H
10.
prisonce was about seven inches long in the blade. It was similar to there.
usually
1~
by Manilemen. It was
in sheath at prisoners belt.
a.
fr Panday, the surgeon for the shop.
at hammo afterwards took
charge of it. After prisoner had been
taken into custody, I lex M4: pking
aft and, went on shore for d'Hamsay,
من
ho shortly afterwards attended. Dr__ Hollins. Prisoner was
་
perfectly
sober when he stabbed Im Stophuis.
For Stopkins appeared very weak from blood when I retumed from
Top of
Seeking
F Ramsay.
I saw that
L
sheet had been torn up, and Mott's side had been bandaged. Echieve that these bandages, with
the clothes which but wore
he
when
was stabbed were, with the excep=
tion
214
exception of a flannel waisterat atte washed, or thrown overboard. Iest
(
sied on
the
27th of October, at about
5 minutes past 7. P. He only
or vre
shoke to me of prisoner after he ___
And
A
beler
wounded . He then expresses
soner was in
was in Jafe
hope that prisoner
custody. Scxamined the knife
with
hich prisoner stabbed hot. It was
:ery sharp, and was two edged
Edged for about l'alf an inch from the point to the handle. Ito point was broody.
It appeared to have entered burst's
body about two inches and a Pusoner's hands were.
half.
bloody. I did
not lear prisoner speak a word -
either at the time.
of
the stabbing
Was
perfectt
or afterwards. Brist
other when he was stabbed briffi
usual manner to the crecer was
gentle
1
22:
gentle. Se
Was A
.12.
acting
s Chief Officer
The Chief Efficer was on
desty in the
Ars
Folkestone .. The prisoner entered the
this willingly
ars
of his
oven assos.
He did not sign artistes, because it
was brad not then the custom to do so.
Prisoner was
Ben
was dressed.
as
he is now dress
1 / in a black flameel shirt, white trowses and slott cap). I saw one of the sexcummies of the Harlequim struck, on one occasion, by the Chief mate in the
Vamli manner in which
was struck. It is nomat for
prisoner was
an officer, when he has fanit to find
with
hin
r seacummie or lascar, to strike
011
prisoner was stroke. Inever heard pissover threaten Brest. Shave been in two ships manned with a
lavcard - The
the Harlequine
the crew on hourd usage of
was much better stan
that
that of the
crew
خور
of
215
thire two ships.
The Harlequin is manned with lascas The prisoner shipped in, I think, the
- month of August last, at Stongkong
Cat a
تی ہے
miil, emeler an agreement
acumrie,
but he was to be
that
to be discated if it was
Drunk that he could not steer
the ship. A day or two after he-
was shipped, he was discated for the above cause. I was present at the
agreement and also at the dise bating. It is not usual for seacuring to snoch gratings. It being
Const adjoumns
es
ming
near
the__
until Monday mor
Prisoner is remanded to..
prison.
DEX.
پور
216
+ Ebonary 1844.
Second day's procedings
The Chief and Marie Magis.
trates having taken their seats, primer
is brought nits Const
John Stanis having notified
to the Court that he is unable to -1-
leave his business to act as
Interpreter-
Dr. Lewis Banetto consents to niter.
pret
and is
Sivorn accor
an
San
Partridge
nite Count and on
by
the Const on
replies
dingly.
is called
being questioned his former cath
I do wish to correct
A
statement made
by
me on
Saturday.
I then said that I believed Brostopkins
was stabbed
azv
the 21 October.
r I
find, by reference to the log book
Limit: Pros:
of
он
the Starlequin, that he was slatter
the 20th October. Jam
that
the
one.
of apsimon
minute clapsed between second blow received by prisoner om Mrs and the priot even from
received by Most prom prisoner.
The
wound
agreement under which proones shipped was fully explamix to n prisoner in the Spanish language when he shipped, by a Portuguese = who brought him
an
board the
Harlequin Teras present, and s-
understood enough of Spanish to know that it was
ned.
properly so explai-
This Portuguese
is now abs
Masas. By disrating, I mean, in
the case of prisoner, that, having _..
shipped
at a
seacumie
and
being
unable to perform his duty as such,
he was made to perform the duties
of
of
j
16.
of a lasear, and his pay was reduced
from 15% a
nie to me
99
mouth, that of a seacum =
$ that of
a
lasear. As __
prisoner had received 4 months advance, Captain Oliver told him, at the time he shipped, that, if he
were disrated he would have to
work
ه مه
lascar so
long
square accounts with the ship
at the rate of 9% per month .
Witness produces
in Consta
flannel inner waistcoat, which he
affirms to have been worn
by bo
It when he was stabbed or this
waistcoat are two outo and very
blood. The waist.
visible marks of coat has been washed, and the
cloth near the cuts is so torn
length cannot be
evr=
that their length c rectly ascertained. Mitres affirme
& Wit? Pros:
that the marks
17.
217
waistcoat are
of those of
blood on
the
Fr. It's blood
by
and
that the cuts were made
the entrance of prisoner's knife when
he stabled Post.
Witress confirms the preceding
evidence which has been read to him; and explained to prisoner -
the officiating interpreter.
by
Signed D. Partridge
witness withdraws.
Lewis Christion Smith___
sworn, deposes.
ас
Jam
a native of Denmar1⁄2:
I was supercargo of the Inition
brig Harlequin in the month of October last. On the 20th October, at 7 am the Harlequin anchor in the Straits of Kammo.
was at r
I was below. Sheard a noise on
!
that
deck
IDEX
دیتے
815
deck and ran up to ascertain
I sair a number
the deck, and
the cause
is on oui
side
Lascars
some Manila
ہے
of
the
the others ide
I save Mr Sopkins standing in the
on the Starboars
wiset on the
waith of these viset,
side, glove to the toppallant forecaster ite was
holding prisoners are a boo
the elbow Prisoner's back was towinht him. Prisonce had a knife in his-
hand. He was endeavor
endeavoring & stab
release
brood on
boot and to wheat homsett from Me N's grasp. said not see any the knife. I did not see prisoner
کا
stab Inst. Most called for
called for the crew-
!
to spist
him
him. I seized prisoner
}
.19.
Mandamer / / betione season
218
standing amidships within ten feet of prisoner. These men rendőr-
ed. 220
apistance. I do not know their names. As supere arg= Have
nothing to as
to do with the duties of
the ship In A walked aft, Schreve,
with rest assistance but Scanmot
thout aprotame
my attention
speak rettaing, as my
was wholly engroped wist securing persoonis. After prisoner has been - corred I observed Birkt standing
on the quarter of the vessel. He was leeding freety. The blood was flowing
on the dick. He said that he was ::fraid he should not live. He
bring the called to me not to bring
indeavoured to get the tance from
him the serang
then came to my
assistance, and prisoner was se= cured. At this time, Sobserved two
Inanilamen
prisoner aft, as
hi woad
afraid of
hime. I heard Mr Partridge, when I
was engaged
in securing presoner, ask
21.
EES
20.
Mrs. if he should
go.
for the doctor
I do not recollect seeing In Putridge :butil Isair him in the boat going In shore. From the time when I
first
ist
came on deck, inntil prisoner
had been secured, I was intent on
seriving prisoner, and did not
mything particularly.
affis=
observe any ted Mort into the Cuddy, and ended. voured to stamck the wounds
by
linen and bandages, until the n
Fou
Loctor arrived. To Hamsay came
an hour.
on hoard about half.
after for It had been wounded .. I then saw that Mr It had received tive wounds on his left side. A piece of fat protruded from
of the wounds _ I thrick the lower one. Othe knife which prisoner held was such
arre
as is usually
N
by Manislamen
and.
!
and I think that it was
usually woon
the
شه
219
by him / prisoner /
The Blake was about six inches
long . Sexamined it after prisonce had been secured . I found it _1- marked with blood from the point- tive inches towards the hands The upper part of the blade was - double edged from the point about two inches towards the handle. - The Krife was taken possession
The timives usual,
of by FoRamsay.
lvor w
by Manilormen ace double
-
caged towards the point. Im St. said that the prisoner had stabbed him. When book stood on
the m
-in
quarter, Shurriedly lifted it his - hist to look for the wounds . I then only saw one wound. While I was
was bound to the doing this, prisoner
belaying
mer wa
DEX
27.
23.
$28
belaying pins
the
Cate
نشان ہے
X
the
rept. He was within twelve fist
towards of Mr. 4. His back was lowerdi h
H. He terned his head coud to
look at Port. Sordered him not
to look that.
Comething
way
He then said -1-
7
in Spanish / which I aid
not understand) mil.
laughed. He
was sober. Bort was sober. I saw
brost strite prisoner, about a week before he was stabbed. Prisoner had
come aft to ask for
Kan
22207
· grog
he was entitled to host then stuck
Le went
prisoner; and prisoner, forward, lined round, looked
towards Most, and
gave a malicion laugh. Most went after pusoner
and asked him what Le meant
laugh. Pusoner
by giving such a
and not reply ;
:; and Mrr It then pushed
220
lime. I ao not recollect whether
Le struck him with the open or
remain
closed hand. When Mr It came aft
this striking prisoner, ked to him that prisoner had a
after
:bad intention towards hein Must
bad
replied that prisoner was a
man, had lieen disrated and was not fit.
to be on
board ship. J.,_
1
consider that prisonce, after this--
ocomens hove ill will to mot
When I took prisoner into cus
custody,
the 20 Cctober, he was dressed a
be is now dressed //noiner is dressed
an
Saturday ) . I never heard priss-
ver threaten to do harm to Books
I am emable to say whether press :icontarily agreed
to
prisoner board
to serve on
te Harlequin. I do not think that any one on deck heard what prisoner
xacil
24.
said when be made the speech and
laugher.
standing on the quarter dock,
he was stabbed. I was neares
the day to prisoner
2211
any of
the...
having complained to
at Mrs It, when Dorset was -
the
master of
the
vesel
that Mr. St
or
the Harlequin, a
in and
and therefore
cannot
any
one cise at
when
the time. It is not unusual, in
citter Manilamen or natives of n hoard Merchant
India serving
Ships neglect
orr
their duty, that they -
ere stuck by their officers : I do not
think that
any
retireen Movila
of
distinction is made
min and natives
was not overbearing
India. Most was not
or ernel to the crew, but he occasion.
ally struck men who did not do
struck them. I never was at-sea in -
say duty
whether prisoner was fit to do hit
at sexsumnie at cea, but I am
sea;
sure that he was not fit to do it in harbour. Frost lived only seven Rays-
after he had been stabbed. He died on the * Gctober. I believe he died from the effect of his wounds. I stated it
to he
when on the 20th Dec my opinion, tober I saw his wounds,
that he would
not recover. I erever heard Must make
remarks regarding prisoner during
any
disty
Har
I have several times--
seen him strike men
his illness from
the
of the crew.
I do not recollect whether Sever sour
him strike
avy
other Mandaman
than prisoner. Sam not aware of
any
2-2-2
to
effects of
his wounds.
lebout half an hour after Eskopkins
reath, prisoner was removed from for- ward, where he had been previously confired,
to the sail room abaft the cuddy.
abaft the enddy. Bristi -
body
DEX
26.
" hody was on the anddy floor. Prisoner
hapot it and
saw it, but I could-
it and saw it,
not perceive any change in his counte=
Arance
The flannel shirt now in Court
is the vere
~1
by Bust when he was Mtailed The cuts bound in it are
found in it when it was taken from
Borsts bode
arr
the
day
when he was
stabbed. The marks of blood in it are
tho
who
of Mott's blood. The
selang
· pisted me to secure prisoner after Mr. I had been stabbed has sinx dick. I de
not know what was his name.
The preceding evidence is con=
and explained to a
firmed by witness
witness and
prisoner, who aver anot withs to ask any
estions.
signea L. Smith
2 wit: Pros:
27.
Duncan Stewart Oliver
sworn, de posel.
222
I command the British brig Harlequin (Mitres produces his log __ bock and swears to the truth of the following strasts,
Brig Harleginn, hanno
hammo Straits,
NE Evast of Chrica, denean. L'Oliver
Friday, October 20th 1043.
Commander
Salvador (Lexcummie / stabbed hitapking
: : - two places in the left side. When Captain Oliver came on
board, the pest
: :im in rions,
and ordeud hun vice
day
Friday, October 27th Mr Hopkin
second officer departed this life after a becks sickness.
Located
"
Saturday Sotober 28th Barica the
further states. I belive that these
tomari
i
.28.
remarks were written by MorPartridge -
the Harle= now asting second officer of
witer the occurrences
guin, shortly i
which they relate occuried (Further
by
defodes in ansiver to questions putto
the Comt ) Pusoner came on hourd the Starlegum with a Portuguese
جیح
whose name
hid by August 1843
I do not krrow. Ite was chch.
on the 22%
me as a seasomnie,
in Hongkong harbor.
Ste received 4 months advance at 164
in
per month,
the
Dar
understanding, that if
Conne incompetent, he could be discated and be obliged to work out his four- mouths advance
as a lascar at the rate
of
sine dollars per month. This agreement
was fully explained to him several times
ber the before he was shipped, by the beforementioned Portuguese. I disrated him and two other
Manilamen shipped
shipped at the same time
as
prisoner
.29.
prisoner, shortly after the bing left
223
/
Stoughong . I do not think that the occur = sence of their having been disrated was the log, though it is exsust
mentioned in
to enter such occurences. ( to mention
by
it is found in the bog in inspection
the Court ) . Prisoner appeared to be of a sulky disposition. It has been the custom in all repe : in which I have been, for the officers, for any slight
offence, to inflict
any offender of
gendhing
native
J
A.
slak, or a push, on
crew, without disting
as to his being a mandaman or a
India . I never found fault with I never heard of
any officers for doing
my ill feeling between prisoner and Borstopkins the 25 mate of the Narlegung I was riding
on shore at hammo with dr
Hamsay, on the 20th October, when I was
informed by Captain Stewart of the _
Harlock
པ།
DEX
;
زمن
30.
" Warlock" that histophins had been __
stabbed by
one
of
the sexsunnies of
the
wards.
Markgrin,
n, and that Hanway required. on board simmeediality. Prepar= rex on board the Harliquis shortly after X/Pan say. When Irrived on boock, hor
wer
hm
being dressed. I : Manag
Apkins wounds were
Will me that they were
Langerous
might-
recover
Best
ކ މމ
but that
was stabbed in
too places. It was reported to me that
prisoner had stabbed Mrs. Mr. Partridg : __
I found prisoner -- reported it to me.
cords in the main hatch = confined with cords in
Jordered that he should be noned - lay.
ding and fed with rice and water livice a also that he should be led out twice
day for his natural occasions. A knife. was shewn to me as that with which- prisoner stabbed Worst. I saw blood on the Kirife . & Rounsay took charge of the kinft
The
224
Tthe flannel waistcoat now in Court- Brost's person. I believe
was taken from
the marks
marks of
to be those
of
blood
ع جوع
this waisterat
Borst's blood. I did not s
question prisoner. For Partridge told me that prisoner would not answer
ANY
questions which were put to him. I saw
the Haslizim
blood
the
ひでて
quarter deck of
I was told that this was book's blood. Au
one or two occasions, when presoner during £ is confinement was being
being led forwards,
I saw him Amile in a manner which lex
I
me to suppose
that he
was not at all.
sorry for what he had done. Inever ricard prisoner & press any contrition
for his act : I believe that promner was sober when I frist saw him in confort- bent on the 20* Cctober. It is not curs=
tomary for men shipping as prisoner
Prisoner shipped to sign articles. Pr. once entered
my
i
my shiep by his own with - M stopkins was severaly healthy. He was under-
the time when
Panday's care from he was stabbed until he died. I gave
that he should take nothing but what the doctor pressrebed. I am not
order
1
a
of
33.
viruth. It was reported that
a
225
Lerang
the Harlequin named Mahomed
Bo Abie apisted to secure picsoner
Othis ser
serang
sued on
dred
( reference maste
4 the bag book) 17 January 1843, in
hammo straits, after two days illness.
disd=
Is the Harlequin
aware that he took any thing in dito-
bedience to the intructions
of
the
avator. Mr Stopkins manner towards
the crew was not eine and
overbearing
the contrary
he
wad
kina
and good
towards
Them all
good timper. prisoner expressed any cumity Mrs. Most never complamed of prison her to me. I never heard that presoner
He was a man
of very. I never heard that
lex confessed the murder. Fr Ramsay
is now on
the Past Coast
of
China.
He is engern to the merchant rekels
an
the const. He is likely to be here in
was
Likely to be. -1- detained at hammo some time, I
forwarded the prisoner to the Masing Magistrate, per the schooner Ariel . _ fee letter attached to thise proceeding It being half past four oclock,
the examination is adjourned until
12 touronson.
13 2h wit. Pros:...
present.
6th February 1844
Thria
days procee wings - prisones
8. S. Oliver commander of the
brig Harlequin, questioned state -
3
1
2
TILL
DEX
i
I
34
" consider Manilamen more sevengeful
Ham Carcard,
best 22
& more sensitive.
Banilamen, when slapped or
struck.
shthy, have generally receives such
treatment-
i
ہوئیں
second blow on 20th October;
Leisurely tines sembbing
moved away
226 and Hu
en
Prisoner con-
to prating.
Jarr
Lis hand in motion at his work 4 or Mr Rokkin's reaching
the lapears to. This present.
&
trives, and on
to bist ustaine that has come
own observation wherem a
brander my
flow has been resented.. I have been accus= limed to mixed crews of lascors and Manda
new for
the last four years.
=
Prisoner declines questioning betrich. the evidence of withip is reak
be coupons it and with trans-
to à elas vnterpreted to prisoner. Agnia D. S. Oliver
The first witnes for the prosecution Jan Cartridge, is again called into const aut
on his former oath states. Deceased stood by prisoner a few- seconds, after he had struck him the
quistioned on-
Lecond
: distance, I should say of about five leet, prisonce sping up quickly prom- his triching position and stabbed the deceased from behind. I am quite. ustain that a minute capsed botwein the last blow starch by M. Hopkinis.
aws the first stab being simplisted
Sim by prisoner.
The foregoing evidence is read
over and explained to be personis, and
bctures with trains.
15 wit: Prosilicist: Pros:
Shark Mahomed, burra, or 17
Juna
Lindal of the brig Harlequin, sworn on
A Shoran
is questioned, and depones
the
Brough interpretation of Major-
Caine,
T
1
}
1
!
جرمو
227
Carine, as follows.
been
I am a native of Madras, I have on board the brig Starligum for
buna tindat. Isaw the
one year, as prisoner
Come on
board the Harlequin
in this harbour, about & mouths since Sta
came willingly I d'ont knoir what pay
he was to receive. I d'ont know that he was
discated. Manilamin are a
always shipped. as seacummies. I considered prisoner in the same light
as other Manilamien.
never heard that Mistophins had struck prisoner before the day of his being stabbed by prisoner . I as not remember the day of
Friday, in the monst
the month. Mwas
was an a
of P Pangan. We were
laying
at anchor in
nearly
Nammo straits, and re
the all to irew
The prisoner was
cleaning the gratings.
horstopkins struck him with his fist
as well as with his open hand. I was
the deck at the -
throwing
water on
trine, and was about 18 feet from
parties. Mrr Stophnis walked awe
the
away from
5
رباره
the prisoner, after striking him the last time; and I saw persons: suddenly spring up, when Mrs Hopkins back was from - hein, and when hostopkuis was about
feet distant, and close with bottoputing I thought, from prisoner's action, that he had struck Mrr stopkins with his fist-- I did not see his knife then. Brottoptions Called out seize the seacunnie", and ✓ there supposed be had been stabbed. There was a short struggle between
"
were on desk at work. It was about half pest six in the morning. I san Morstopkins strike the prisoner three different times
The
l). St and prisonce, and when I neared
the parties horst had hold of priso- her's arms, and the prisoner's back was
towards
އ
towas bo Hopkins His
Secons
med the
Whabic Irice read! reactied the
1
pasties belone Ixia, and he seized the- Brisoner, who was in a great passion, trying Izet away from hostopkins, and at the Vame time indeavorsing to stat trin: He brife had Blood on it. I did not icmart, at this period, that Mrrstopkins
:: as bleeding; but, after securing the press- air beton, I saw Mr Stopkins, whs was-1-
For
bleeding a great deal, and I saw the sostor rep his wounds. He had two bounds. I delivered the knife taken by
prisoner into the hands
aver
Supercargo.
me from
of Momith, great deal of blood on
Isarra
the deck where
BoHoptons had retires to before being :xken down below. The prisoner sprang it by. Stopkins, instantly, after Mr. Steptomis back was turned. Prisoner was
knecting
kneeling
3G
228
down at his work, and I saw
to Lain by
the last blow given
Mr Stop:
tims, who then turned
He Lake
ar
away.
gove For 6 feet when prisoner closet
#h him. It was none
very quickly. Suia not remark prisoner's hand- Idia moving.
the grating immediately before
be attacked bristophins. All the crew
were at work, and each person's attention has taken up. I can only rescribe what I san- Soo not understand the language that the scaunies speats. text not hup together. We so not cat together Johonid love caste if I were to do so-
The seacummies are not under my -
ies
: virections. Scannot speak to the dispo= :ition of the prisoner. I do not know whist; Lexix his duty, generally, properly. Im not know that Mrkopkins was ever
:: satisfied with prisoner before the
day
4
40.
40.
day he was stabbed. On that
day, when
this occursseme took place, Bom Putridge
arid.
the
was nearest to Mr Stoptani prisoner, and I saw him with
2.
at the time that
stave in his hand, we inthed forward to Britopkrin apistance, aux Mr Partinge appearch confused
sed. ("Ghubrogues" ! Morstopkins
used to hear the crew when they sid crot do their duty property, but I never knew him beat any person without cause. Said not like for stopkirs.
he heat me twice with a ropesent.
Many of
Me lasce
liked the neceased
dcreased. Sometimes
Mesophies
of
the
crew
Mack.
to te
very angry
with the crew. I have served on horra
of several ships. I have served 18 or 10 years at Lea. The mates of
all
the
repels I have been ini
punished
از
41.
229
punished their crews with their hands. When a grave offence is com
mitted, the Tindal neurally is ordered
to inflict a certaine muncher of
on
shots
the offender with a cope. Lascars re accustomed to the usage
rescribed
I have
cercher of Manilamen
Mariclamen I cannot
speak with confidence. I have only sailed twice with them,
Aris
=
Inever
saw-any of them stuck before the
instance now in
in question. The knife which stock from the prisoner was
his own
knife. He wore it at his waist. It was sharp, but all Kinves should be sharp, as the crew have
to cut ropes and hard substances with them. I attended the decessid
after he was wounded. I used to lift him up to change his position, Scanica min in
my
And
anns to the
quarter
NDE
E
i
42.
13.
#uarter gallery
The
never
spoke & mi
about the prisoners' conduct to hime
He wise the Friday after that on which
Le
was stabled. He was
was buried
at
Hanno. Borsopkins servant, Francis,
12
Christian, used to give him his food
cover did.
The evidence is explained to
the prisoner by Mrr Baritto, and to :itres by Major Came . The prisoner -
has
questions to ask witness, who
witharany bitres cannot write but
confirms his evidence and
Lire makes his mark.
Francis Antonio, a native fth wet : Pros
of Manila, duly swoon, states .
The prisoner ande
myself.
-
took hire on board of the Harlequin
C2.2
1 to 20th August last, at Songkong.
Be
quile dad ai
took Actune wit
230
ummit at 10%.
nestvercingly. To pusoner may
not disratza, but Thomas and Percors
dibrated. He prisonce
work
کے
Z
woll, but could not speak
Bglish. In a
کے
Ariday in Belstor last,
when the Molegum wood at anchor in
Ramme strachs, I was
Docives in
de people
Jual mewatit, stout
Lin all
morning when
new clean.
cleaning
he
Mecke
I scones was employed in cleaning the
Mr Replains came upon deck,
gratsiyo
and strick and ticked the prison
He struck him three times, and att the last blow, he kicker him. This-
apanit lasted three minutes, the prisoner corned his hind a com
avoid the blows. Mr. Ropkins was in had humous, and hat been very angr with his
a
serant Francis about washing
محمد
Some
་
PASTORAZI
some dogs
44.
the firsoner did not ender -
eve
Stand English. He was evilling to work,
being
but the seacunnies did not like
employed in holystoming the decks . _ . thomas, Pears, and prisoner were thus ess ployed. Then explained to Morttopkins that the three men above named objec= ted to the work, but he insisted that_
Wey should do whatever they evere orsiered We the seacuummies all understood, when hired that
any of us inequal to the work seacummies were to be disrated and
ceive
9t instead ; and to as the
of 10% per month,
154
Jame A
duty
as laxcars.
When Mostopkins came upon risk on
the
morning in question, prisoner was
gone to the quarter- foot sent me for him. I brought
Got at work: he had gone
Gallery krisoner to where bot
was, who apponited
time to work at the gratings,
and
then
then walked
.45-
231
away. Shortly after Mr. returned to where prisoner was scmb.
the grating
big laxy
and
and told him be
aparted homi
as thave
desciched . As Mr It turned from prisoner
.
immediately after Mrst had struct hom, prisoner sprang from his knees and stabbed the deceased motantly.
hot a
of a minute could have clapsed
between the kick and the first state The prisoner was at the time behing bost, who grappled with him pinioning him by the arms kept him in front of
his own person with-
and
prisoner's back to him. Berner's Korifer was in his hand. I was frightond.
so much, that I called to pismer Halvador d'out strike the mate, have patience". Prisoner was in great anger. It proceeded from the kick which for Hopkins
H
NDEX
40.
wasted tins cave and which knocked
and down on
the
pissance
on his face reck. I was on the forecastle, and a hous 20 feet from where the abauit took
plare. Every person was
frig
were Fazing like
47.
232
stinggle; prisons did not speak. For e
and Hopkins aix by telling prisoner to give
up the knife. The prisoner
stopkins was -bleeding very munch.
prisoner was secunez.
d Cumming on the deck.
htened the
I saw his blood in
prisoner's
eyes were
Zyes of
He was taken below, a
and died on
fine
The
habit of beating.
was
is greatly excited. The first
i sund must have been the mostat
Mv2.
The
second was
given while!
strygging with acceased. I saw both stats given by the prisoner. Soar for Hopkins bleeding, but did not see blook
the knife. A Partringe
A
kthe
Scene and ran down
was nearest
I alled out to the Serang
A ra
for
Mrr Smith
and Tendals,
ን .
they seized prisonce after for
Iwith Lad done so
previously. Komas
mud Pedro were at work on
Me deck
and were 4 or 5 feet further off than
the
following Friday. Wittrations was in the
crew be beat and
bickes me bost at Stong tong
Mr.
the passage to kasno. In the latter ccasion, I went to him for medicine,
I was
as unwell, and
کے
I have stated. Cant liver lemonstrato with hostoptins, one day at dimer, and
tid bin not to strike me as
ld man.
was
Mostopkins wack to Leat
uses
Cavcars and Manilamin alike, but
when Captonn Oliver was away
:. The knife used by the
other people.
our
the ank
During the
Generally from the prisoner
перей
Anad
chinggle
the
Le one he always
Zware
When
T
1
--
:
.40.
When I explain. & his work to hini, 1. time,
prisoner used to do it willingly, but
not so when the neceased spoke to him
He
was there univilling
다. 런
sniky.
Prisoner never expressed regret for having
was statten
Killed Mostopkins. I frequently saw - prisonce after For Hopkins
but never/until nows after he dick.
20
ask.
Prisoner has no questions to not. Witness confirms his exdence and withdrams. Eviden
si cannot write but
makes his mark.
thomas Aquino
.49.
Mrr Hopkins, excepting
the
233
xay of No
начу
apanet of prisoner. I never saw
Br
Hopkins stake citter larcars or Manila
men. The ship was at anchor in hammo straits, when,
one
morning,
I d'ont know what date, all the crew-
み
wire on deck and at work
about half post Toclock. I saw Mr- Hopkins strike the prisoner twice with his clenched fist. I did not see the prirnir Kisked. I was some distame, holystowing the desk, and could not
I heard
a
noise, and
looking up saw In Stopkins holding
vee well.
a native of the evit : Pros:
Manila sworn states.
Thrica
on board
of the brig
Harlegium at Stongtong with prisoner.
heither I nor prisoner were
over were disratin
Irrever
was struck by Mr. Stopkins -
Mr.
Ixix not see prisoner struck by br
prisoner by the
Kuipe
Was
"anns; and priorners" then drawn in his hand.
The prisoner was in a
a great rage the
aid not speak the serong and buria
Fridal went to the
rescue and;
کے
with
Bosnitt, secured prisoner. The serang
Stoptans
and
IDEX
برسم.
Much Firdal
the neare
مت
to the
scene of apanit. I did not see any
|flood
laken
ت
recollect the
day of
the week, or
234
the day
uth, but it was in the morning.
2 2 2 0 2 2
othe
My
master was
very angry
evitt
Zink.
whil
was
very blondy. Seas
arrot
mese me clean
until I stopknis shit was
Mr
tole the prisonce in a tone sittie
Isan the body of ricer
:ight xays after he was stallid.
ه
Evidence is explained to pri=
Cover. He has no questions to ask.
Wilkes confirms his extement and
Wap attinams.comst write, but makes
his mark.
7th wit: 17.88:
that morning,
алдо
on disk. He was stabbed whilst
has below, and when I came on dist.
it was blecking from two wounds. se arx about & day after. My
martis
used to slap the caveurs and branilamen Now they did any thing woring
He did :t hurt them hincts. I saw him quis
the prisoner too slaps once for not
::posting when the captaie wes
board. I did not see any
1-2-2-2-2
:: traordning shang
کے کے
the
Commitename
occase tr
sion
My
master.
John
John Francis; A Portuguese
So tive of Bombay, sworn, states.
정
I was servant to Mr Hopkins,
n board the Warlegume, In hamme
7-2-2-2
traits, while we were at anchor, my ::caster was stabbed. I dont know by : home. Theard by the presonte. I dont
rei
S prisoner
star
ALL
dover received meat or drunk of any kind,
after he was stabbed, but by
St Pamsay
order
der of
Prisoner has the evidence explamen,
has
872.
63.
235
ZES
has no questions . Bitniß confieins his
statement, cannot write, but makes -
his mark..
If being half past four
ocirck, the excommation is post_
کہے
poned until 10 am on tomorrow.
74 February 1844,
days proceedings.
prisoner present.
Fourth.
Examination resse
2
Sunan Merast Pliner, master 5 % wit: Pr: wit pu are....
bemi called viite
of the brig Harlequin, being
Coust and questioned on his formir cast states.
I have no recollection of ever demonstrating with Mr. Stoptains about besting the scrennies, nor had tat any time complaint from the seacummies
having ill used them : I beg to produce the Regrition Certificate of the bug Harlequin. / It is examiniek
the acceased
sed having
20
and shems that Alexander Chune is the
sole owner and that Junzan
that duncan Olmir is
the master. the date 15 bctober, and
signed by Mojohnston, as deputy - Serpeintendent. ) Capte Oliver here
Explains that the Harlegum was
bought by Meson Jackie Matheson of:
the other
10
to Cetober 1841, at
where the bill of sale now is .
Inacar
Van Partridge, mate of the Harlequin, called into Court and
questioned on his former oast, -
reposes.
Pusoner did go
Gallery early
怂
on the
the
s the Quarter
morning of the
opth of bot bctober, and
best betober, and he remanied
an hour. Morstoptions was
there half
or neck at the time and went down again. It was on his return from belorr that he struck prisonér. Sam sure
that
IDEX
and
ป
1
کا کی
ars
that he and not strike with his clenclich
eter.
arra
cestnily
him
222 2211
eesti mily did not see
kick time. A Motophins did kick Sciones, it must have been
vepore
he
spoke to me, but positivcey
2% piter he struck him tione just - previous to prisoners stabbing him.- semecuber in Hopkins telling me, come days prior to his having been - Stabbed by prisoner, that he had jount
Antoms annak below and that he
hat given him a stap and sent tim p.. Isan Antonio then come upon leck, but hostephins did not.
trike him in my presence. Before
way age, I heard Captain Oliver
the last
live
Sucction the late Chief mate
Harlequin (MrAnderson).
Kin
تشار
if and Im Hop -
amist striking the crew. I _
agamist
heard him speak to them
ance
tivice
twice, but I never heard Captai
236
Oliver remonstrate with M. Hopkins
during the last
:way age of the Harlegum about striking Antonie. I always,-
when
672
boark, divies at the Puddy
table. With regard to the time that clapsed between Mr Stopteris cast-
Flow- and the frist stab inflicted.. him by prisoner, I think it was a full minute after the blow; - sir It stood looking at the prisonce,
and
thew moved. Le
чега
leisurely avey
1.
saw the prisoner's hand move for
Itimes
and on
مد
Le was
was
scrubbing the
grating Her Hopkins having gone away
bout five feet, the prisoner sprang
on
at him as already described. The
laps, from MrHopkins were priorners face but his face
wire given a
link
C
toas not driven down to the neck,
Jious
...
ات
کے سکے
TES
was turned a
though his face
face was
ри ане
side
by
the lass slap.
liitte
the evidence is explames to
prisoner and witness withdrams.
The prisoner is cautioned
to be careful in his defence
whatever he may say will be recorded
He Mates.
Com the day
on which
Sewas beaten by MrStopkins, I had
cleanca three gratings, and was -
working
the
fourth grating,
when
I went to the quarter
Mr. Hop.
came upon deck,
2-2-201
serit
Antonio for
my work
quarter gallery.
me. I went
and restric
work, and Mor Hopkins came up
me and struck me twice.. I was
hiding my face to protect it, when For Hopkins, not being able to reach my face, kicked me on the mouth-
and hurt.
my
tooth I bled at the
month
Defence.
Fy.
237
mouth. The marks of the blood from
smy mouth
are now onz
my
thrit
Jshews
the
one small dark stain on
breast of his shirt, which being very
say
whether it
dirty, it is difficult to is blood or not) Prisoner also shewy his month, where tive of his teest. are loose, as he states, from For Hoscking kick ) . I was so emaged, that Isprang up and used my knife, and wounded BorHopkins . I was blind from anger._ Fevuld not see any thing. Scould
ace the tindal and krang.
only
was
quite out of my senses. Iniver liked Moshopkins. I am not sorry
for my having stabbed him.. My dislike to hor Hopkins proceedede from Lois beating
I have
220
more to.
I do not wish to call upon
Say
any witrepes.
Captain Oliver
IDEX.
T
!
[
}
238
Captam Sliver veny priestrand
as to whister any jurshir
A ar
je btained in the
224
in the foregoing
that he has piinithed Bratopstarter, that he ha
use know most about
this importunate affair
wh
have been steady examined, and
than does
he sois not know of any persoy
who are able to give testimony. rating
so much on
Me
Five
care.
The examination here closes,
ints the pleasme
9
His Reillency
it Rovernor be make known.
buy
Ar
signes
B. Came
Chief Magistrate of
hung hang
The preceding has been compared
one
swith the original acpositions found to be correct.
Croshllier.
Officiating Recording Officer to Crin : & Adm :
Court of Storyte
1 Copy)
hoss
20.33.
Lie
Government House Victoria,
فق
Hongkong, 200 Sebruary 1866
I am arrested by this Excellency Sir Henry Pottinger to forward to the accompanying documents regar-
ding
an
you
alledged murder committed. on board the big Haslegum when up the Coast, but which repel has since
returned to, and is now
lying in this Harbour. Jam further to requist.-
that in conjunction with the Marme Inagistrate, you
will investigate
the case; taking the repositions of
all persons
who
are
likely to throw
any light whow the circumstances
my
under which the envie was com
mitted, and that you will then
Be Honorable
Major Came
report
=
report the result of your enquiries for His Excellency's information.
I have the honor to be,
Air.
You
most obedient,
Humble Lervant,
sigrick Prichard Morenam
copy.
Brig Harlequin,
hammo Straits,
#
Marie Magistrate,
30 betober 1843.
Sir,
Stong king.
Per Schooner "Ariel" Izend
down the prisoner Salvador de la.
Crase, to be delivered over
بشم من
charged
with stat
to you
you.
Ite
stabbing with a knife
the 20th motant, William Hopkins,
second officer of the Starlegion, from
the
་་་་་་-
}
ཏཾ ཡཾ.........¥ ";"y
the
effects of which he died
The prisoner shipped
239 the
on
275
as seacimmie
hoard the Harlegrim
In
Angust.
last
2-2-2-2
lir.
on the 23h
Your obedient Servant,
signis Juncan Oliver-
Copy.
Extracts from F Hamsay's private
-ན་
letter,
Goth 22th 1843. The very before yesterday, For Hopkins was
in
infortunately stabbed
а
on tive places in the back by Manila seacımnie. One of
is Imall and
the
insignificant.
རི་ཡ།
wounds
the other
No one here except myself is aware.
its danger. It is large, and, when I_ came to dress it. I found.
a.
large
portion of what turned out to be far
protruding
!
21
240
protruding from it. Ite lost several
formes of
blood, which of
Las
Carrrai
very
to day
left him remarkably weak and pallid; but on the whole he is
as well as I can exhect
set 27th gem. Stopkins has been
27.9
weaker all day. shore it is
gradually becoming When I came off from Evening I found him so low as to
Induce me to tell Captain. Oliver,
that I could acquaint him of his Zanger tomorrow, if
کرتے
he
was not better
be about half an hour afterwards, he
sent for me, when I found his hulse so perceptibly weaker, that Hold him
and at the same time as as gently,
firmly, as I was able, that I feared
recovery
was
beyond
I skill. In half
red
An
hour
all earthly
more he
I
Cects 28th. This morning, after breakfast,
had a...
very satisfactory examination of the body. The knife rassed in
between the ninth and tenth ribs,
and then took
a downward direction in in course wounding the large.
intestine. Great and extensive biflammation was the natural resertt. so that Mr. Hopkins died of inflammation of the bowels and other parts, in-1- Consequence of the state he received.
Extracts from Fransay's private letter, addressed to Captam Baylis of the ship volkestone, now lying in this signix William Peader
harbor.
Victona, Hong kong,
Washer Master Nov 5 4th 184 3. & Marine Magistrate
tone copies -
Croshillier
Getz 20
Off # Kec. off of Crime : & Adm: Court.
1
A
LAS
404 không hồng
RECEIVED
SEP. 6
1844
Foreign Office
September 5. 1844.
ECOPD
OF
241
Sir
am directed
directed by the Eart
Aberdeen to transmit to you for the
д
a
Information of Lord Stanley, a lity of w Despatch which His Lordship has addrefsed to tot Bairs, inclosing a copy of
I your letter of the 26th of August
a respecting
the
necessity of his establishing
come secondary punishment for
Offences committed at
G. W. Hope bro.
бе
ас
ट
c.
Hongkong.
I am,
Sor,
your
most obedient,
humble servant
Hlebddington.
NDEX.
綠豆
པ། ་་
2/3
M. Hope
17
of a ware
what Inchideous sepon the subject it w. be possible to address to Mr. Davis What he sh? consider and report.
of coradasz panish.
the
う
لا
Akat 24
Ene
1404 Hongkong
1
سلام
Davis
نچی
242
5 Septpens.
144
Forwarded by
18161
We Mundy 9
*
tephen
JB Hope
Lord Stanley 10
2423
Jahr
/s44-
Land Aberdeen has Commumicted to me
the Copy ga biopetet
Серозда which his Ludhih
Addrefed toyinion the
4th bitent relatives do
the nousity garme Secondary
Punishment
being established for Offences committed at Stray Kong, in eference to the Case of Salvador Lecrase Convicted of
the Murder oa Bilich Subject on board the Bich Sterlegen.
Thave ahurghad accesion, with aference
не
NDEX
243
CAS
е
to certam provision gen Arience forthe. Registration ofleeds reped Hyster M. Rottinger, &
ponitout bym
there
are
>
thet
техно
J... ing employment
جو
for Convicts from Arch Kung in the bustatius
Colonies, & consequenth
that SMJr.
could
not sanchin thei
Competition thither
پچی
t
Support
that you
>
Should Consider and
Report to me that in porosinin could be the least objectionable
Junishment th
bilabbited at Any Kong.
Land
Copy
4.66.
TS
Sir,
C.O. SEP
Wirth reference to
=
Foreign Office.
September 4.1844.
my Despatch 2064 of
the 7th August, respecting the case of Salvador Lacrase, I have to acquaint you that I considered it necessary, before instructing you as to the final disposal of that person to ascertain Lord Stanley,
crews as to the
propriety of transporting him to one of
the Australian Colonies.
the answer
I inclose for your information and guidance, a Copy of
ди which I have received from
with
the
Colonial office. You wink perceive by
this that there are insurmountable
7. Dairs Got.
تے
IDEX
objections
,
244
objections to transporting Colonial offenders
to baw Diemen's Land, the
only
one
of
і
The Australian Colonies to which Convicts
are now sent, and that
some other
other second
that consequently
secondary punishment
must be devised for persons who, like
Salvador Lacrase, have rendered themselves amenable to the highest degree of
punishment, but who
may
he
deemed fit objects for merciful consideration, so far at least as their lives are concerned.
you will doubtless
doubtless receive from Sord Stanley instructions on the general question of secondary punishment, and therefore Tonly think it execessary
to
sagwith regard to Salvador Lavrase
that
that when the nature
the secon
of the
secondary
Hongheny
punishment to be established in
for offences of a grave nature is decided upon, the sente
f
death
passed upon him should be
commuted
for such an amount secondary punishment as you
that seconda
may
consider commensurate with
the crime of which he has been
convicted.
the letter
The latter part of from the Colonial office refers to
4. Mr. Bingass and recorded the opinion entertained [ in the papers Salvado connected with the case
9
Lacrase, as to the necessity of cuspending exccution in capital cases until
the pleasure of the Crown is
ascertained
t
ascertained; and yow
wils see that
b. Burgass' opinion is considered erroucous in that respect
Гани ха
(Signed) Aberdeen
245
|
1
SALCEIVED
SEP 03 1844
595.
Ngôi bay hàng.
246
بلد
24.75
2
Li &
Si,
Foreign Office, September 20.
I am directed by the Earl of
Aberdeen to transmit to
you
1844.
bevewith
for the information of Lord Stauby, and
with reference
my
letter of
the fr
of hovember last, the Buplicate of as
despatch from die Kenny Pottinger
explaining
the reasons
why he has
thought it mexpedient to make to the Puliques Authorities at Macas the communication suggested
-letter; and the Buplicate of
in that
a
despatct from les bavit expassing
J. H. Hope Ger
INDEX
his
28
1
1
SAX
his
ститу
Henry Pottinger of
in the view taken by his
this matter
lam, si,
AlleAddington.
humble servant
You most obedient.
247
that
خسرو
the 12th hod. 1.848
mitus manner on
will decline to interfere hord Aberdeen
he managed entered by
074
2:1131 Sup
this subject, leaving Diflomdiggs waller
h24
A
RECEIVED
SEP.23 1844
Me
Duf. Neys
My Lord,
248
Government House Victoria Nong Ning - 30th April 1844.
I have received pom Ford Stanley - in His Lordship's despatch 1918 of the 12th of New?
last_
act _ a copy of a letter which had been addressed by Your Lordship's directions to the Under Secretary of State for the Colonies, under date the 6th of that mouth, on the subject of the right of the Portuguese.
Authorities at Ma cav to claim our
Assistance, or interposition, in the event of their being threatened or allacked, by the Government of China
That letter has been as a mallis of course, onado Known to Major General, Bitzuitar as well-
made
as placed amongst the Archives of the Severnment of Hongt long, but with reference to
The Night Amorelle,
The Wil & Aberdeen N.J.
The red f.
to
te
the
INDEX
the concluding passage of it, obrusl Your Lordship will parken me for respectfully reporting, that I have, resolved - after full consideration - not to make communication to the Portuguese Authwilies until Sans honored with Your Lordships further Commands
any
Your Lordship will, I doubt not, perceive that. Scould only make such a Communication to the Portuguese Authorities allended with, an admission, however
however Carefully worded, that they were deemed to be entitled by Treaty to such - assistance or interposition, although neither could, be afforded without special Orders from England; and looking to the general, tone and style of the local Government of Macao, and to the class of
of persons who compose the majority of the Members of the Senate, Sam decidedly of opinion that a very dangerous use p. :bally would, be made of such an admission,
might, and most -
divulging it _ perhaps in intentionally bague or exaggerated terms _ to the Rinesa
Authorities
249
Authorities, thereby exciting their natural, alarmnd
and suspicion to the great injury of British Interests in this mighly Empire, in whii! . the confidence of all ranks (from the Emperor downwards)
Good faith
and rigid, observance of
in Fur Llo
Fur
engagements is daily gaining ground, and in which, as I have had frequent occasion to remark,
The
commonest rules of international Law are
ullerly unknown.
In addition to this primary reason,
for
with holding any communication to the Macas Authorities, I likewise very humbly lake leave to day_ which I do with great deference to the legal Authorities whose opinion by Lood Manley - that I am faced by makere reflection to question the right of Portugal to call,
for
opinion was sent to m.s.
our assistance or interposition between his And China, under any Circumstances _ She does not hold, or pretend to hold, the semblance of Sovereignty over subjects of the Chinese Empire.
residing
NDEX
By
residing
even in the City of Macas, and although circumstances have led to her exercising an ---- defined authority with respect to the subjects and. Citizens of foreign States similarly situated; yet even as regards Portuguese form Subjects, the "Isotoner and Senale of allaces are not, I understand, rested with the power of life and death, and have to send all such Criminals as are-
likely to demand condign punishment for trial to
You.
offter
Supposing however, that the opinion of Her Majesty's. Adorcale General be perfectly correct (and Irepeat that I dissent from it with extrême deference), I presume, that the observance of the Treaties between England and Portugal was intended to be rigidly reciprocal, and consequently were
by
they infringed
one party to them, that infringement would, I conceive, virtually absolve the other party from it's engagements. Houqnot only have
the
250
the. Portuguese Authorities at Macao frequently of late years set at nought that provision of the
realy respecting Her Majestizo Subjects being considered and treated as those of the most favored. Nilion, but they have
in every occasion taken part with the Chinese Government against us; have driven Her Majestézs Subjects at a fur hours notice from their houses and property under an Official declaration that they dared not disobey the Edicts of the High Chinese Officers to that effect; have distinctly and unconditionally teclined our profferred assistance to defend Macao against the Rinese Props which were ordered to proceed there "to expel the English" ; have always refused _ even in times of peace and Emead, and do so at this instant _ on the same plea of it's bring Contrary to the Commands and wishes of the Kinese Gwernment - to allow 13ûtish Ships
oftar,
or even Merchant Nessels, to enter the
Harber
j
DEX
ļ
CAW
Haiber of Macao, and _ in one word _ ke... invariably seted towards us with less friendship and forbearance than they have showed to any eiber Nation whatever. They have simply - in fact __ tolerated our residence at Mreas, and that, it may be said, selity because it led to à traffic which farmed the great source of revenue and . it's attendant prosperity to that Settlement.
How far the facts I now state - and which be abundantly proved by reference to the despatches of my Predecessor daring the gears 1838, 1837 and 1840 - tren known to Her Muzi Advocate General, or how far they will tend to alter or modify the opinion he has given it is impossible for me to say, but I have felt it to be my duly ! submit them fr. the further
fo Consideration of Her Majesty's Gextenment, and whatever final decision may be passed on him, 'big way respectfully to repeat my
When,
very
preasons I have.
humble recommendation for the reasons
assigned
251
assigned that the question of the right of Portugal, to our aid or interference in any dispute she may have at any future period with China, shout not azitated, or made, in any degree, a subject of discussion.
!
I have the honor tobe,
My Lord,
-Your most Obedient, Humble Servant,
C
L
!
ז
hij
RECEIVED
SEP.23 1844
Dup. N. 8.
My Sad,
252
Government House Victorian Anglong - 28 May 14.
After a conful pousal of Its My
Pottinger's despatch No 7/5 of 1841 to Fore: Endships address, Fam desirous to express muy intere.
Concurrence in his views and spiniens Concerning Mãear, and the imp. ing of :egarding that place as any other than & porzion the Hinese Dominions, where the Portique
1
are permitted to reside on more sufferance.
As the. Chinese Sovereignty there is acknowled: ". - as they drove the English withershjule scory frons that place in 1830, with or witho. I the of the Portuguese their Passals_it would be pregnant wilt, the qualist -
Encurrente.
inconvenience to admit the pretensions of
That right Amorally,
The Ful of Aberdeen Rd.
of.
the
Sir
Received
1th May 18414 Pottinger
Amny
Bup. 75°
claim our assistance in t'he event of
Portuguese Authwickies at lacnolo
On the subject of the right of the
a
hina.
rupture
with the Gwernment of
ه
Sep.11
lo
use also, and so have to do with lo
1.
Kaim
Masters at the same place - The Portuguese
allegiance from Carilion residents might be insured at once, by their acowed inability to afford protection
my
I donet porn completely demonstrate concurrences in all. Sir Henry Collinger's remarks and statements regarding Ascan, than by begging to refer 21 Fordship to the encloved, Stradle from a letter from muself to Ford Hanley, 21 December 18443, written tho England before I had tory intimation so to proceding to
Any
i
Macao
Kina. The observations regarding merely embody Dir Horny's Statements in other bany words : Under these circumstances d.cannot.
any other course was to be
that any
imagine adef?? the to Leclavs Macan to be within
the demissions of the Grapers of China, already die in Ordinance. No 1 of 1844 for Her Majesty': Subjects within the se
Dominious.
as
Dominions
زیردی
253
I am happy to be able to state, that, alt pretensions in the part of the Kineen
ument to any jurisdiction of any kindsat -
Exxe Amy Hary
are abandoned and sil il rest. Thach beer induced to entertains doubts us this fieint before
quilting England, but the distinct previsions of the Jacaly of tantring, and the Supplementang " realy, deprive Rina of the power of pulling forth the Farin
1 by the 3rd %. Fole of the Treaty of Nanking, Hongtong is reded to Her Mazisty for ever, to be governed by such same and Nregulalimz as Her Majesty phatt. 200 fit lo "Aircel . 1 8g the 15th Article of the Supplementary Treaty, all Debts from Chinese at Brugting are to be recovered by the English - Easts of Justice":
Since my arriv-E here, I have
Canned from Sir Henry Pottinge thats the
い
ich we
Carnest
Government has dropped all-ident
of Eaiming any jurisdiction in this island,
and we aw
Iven
thus releived from the necessity of discussing the question.
As the purport of this Despatch.
belongs in seme-messunt to the Colonial Department, Four Fordship, may perhaps be pleased to communicati a topy
Hanly.
I have the honor to be,
My Ford,
Your Most Bedunt, Humble Sirvant,
71Bans
lon Fand
LECEIVED
SFP 23
1844
Extract from Letter to Ford Stanley,
21th December, 1843.
254
The Portuguese prendo colony of Macao, ( I know from long acquaintance with it)
is rather a beacon to chun, than an ex
exemple to follow. In fact it is not a Portuguese Colony,
as the Chinese are acknowledged loversiges, and these people bear an overwhelming proportion to the Portuguese inhabitants. The latter pay
an amual rent as the condition of their tenancy at will. A Chinese Mandarin of the lowest Magisterial rant" ("Go-tary) issues
α
at once his licenses to the 1.338, and his orders to the "thead of the soldiers, as he calls the Sa: disant Governor on the part of the Portuguese.
A Chi.sic Collector of Custo s vrecive the
Auties for the Emperor.
d
eizes Portuguese
Apium / when the 30. find any ) in the streets
M
oj
in
"of the town. The Portuguese had in vain
Idea oured, when I left them, to meet the chargs of their miserable extablishment by duties on the is still more miserable trade of four or five Portiquere ships
one
the
and occ MAL
... trade
tipu....
ha
occasionally a Spanish
*
##
Note. No English bes
ing by a chart lighted is permitted to
Eufidity (a Charge of 40 dollars,
driven aw
away
per thest ) been
for
in 1822 to flourish at Lintin in
floating warehouses, independent alike of.
nce
cognizance
Country
and taxation.
The revolutions in the mother...
And
, and the deficiency of both funds credit led the Government of Portugal to make a
ravenous attack on the celesiastical endowments,
as well as the private property of its subjects, both
at home and abroad; and the richest Merchant
а
of Macao / alw.ost the only one that deserved the ufuze in London, where he now
name ) took refuze
lives - The remaining prosperity of the place dependent on the English residents, who
has de
enter the hack
255
" rented the best houses, and spent their money
there; when the expulsion of the British Trade Cantor in 1839, and the necessity for
from warehousing
our Merchant's foods, fave
а
short lived prosperity to Maras, whiet, like the Grafted tree, was surprized by the "noves fructus et non sua "poma "
But at the
very moment when it ar
greatly benefited by the connection, and when opportunity of asserting their
the rare o
ir defendence of the Chinese would have been promptly met by British cooperation,
the Portuguese silently acquiesed in the hostile preparation of Commissioner Lin against the persons of the English; and, when Captain
Qwith minde his well-timed attack on
the
Chinese force at the Barrier wall, a portion
of the
enemy's troops marched from the town of Macas, at the same time that a principal part of the canonade by which our troops
ivere
I
i
stre assailed proceeded from the (20. called) Portuguese side - The claims then of Macas
-
to independence or aseutrality, and our hopes from it, either
Way
as an
be considered as die
Ally
example,
or an eya
disposed of.
Cane Extinc Adam Mmshi:
ift & Secutary.
256
躯
1 1 111
257
t
Inclosure in despatch
いい
།
1844.
나
RECEIVED
OCT 5
1844
1740. Hongking.
258
н
Foreign Office,
Actober 5. 1844.
9787 J
t
Eqquest
2
directed by the Earl of Abeuter-
you
will acquaint Low Stanley
that this out this considered it adirsable
J
the Law Officers
to the propriety of conforming
hie
of the frown
as
the
Valent Achiname beg. paped her sie
helten
your
J
Hanley dated 24th Beem ber 1843.
Ilvact from a letter to Ford
the
that
DEX
the
Mf. 30.
شه
J. Stephen Ze
м
The Poly, inclosed in
the 24. of September.
LordStanley will perceive by the
the report. of
accompanying Copy of
that they are of opinion
Law Officers that they
A
the Adinance in question should be
sanctioned of the Majesty's Eevernment; and
ал
么
to
་
request that in laying
Belwed
1501 1740 1070
259
thing 20 horsen
F.l. Addington dry
Forwanded by Nov
I
laying this
Lord Stanly
will acquaint
уп
MB Hope
paper before Loistenbyg
His Lowship that Lord Aberdeen concuss
in the opinion there stated.
Jann, Sie,
Your
moshobedient,
humble servant,
Allebsching time.
Lir
11844
заси
R
3. Mundon M MBStephen 12
Loud Stanley 13
With reference to
leten of the 5 hills The Spicion.
Encloring
the Land Officers of
frown
or
the Ordinance
Nol of 1844 passedly the
L.
Governon anda. Commal Javedirected Jochong,
li
Gdard Stanley Bryan you, for the information of the
the Earl of Aberdeen, That Lord Stanley having consulted the Lords of the Committee of P Ch Wo the provisions
hade
си
that Ordinance their
of that
Lordships have points out some particulars ing which they consider
f
1
EX
1
I
that it should be amended.
Lord Stanley has accordingl
addressed
DM. Davis
an instuction in
comfort with their
Lordships suggestions, alony of which Iunctone w you herewith, for Lord Aberdeen's information.
Mavise
Go 50. 20 Prv: 1000's
Copy
RECE!
C.G. 067 5 1844
My Lord,
in 1740 Ken, 7
Doctors Commons:
Seftr. 30. 1844.
5
263
we are honoured with your Lordships commands signified
d in Mr.
Me
Addington's leller of the 28th mest, stating that with reference to our Report of the 18th Illt = respecting certain ordinances and specifically that marked
2.6 paked by Sir Henry Pottinger, he was bos
directed to transmit to us therearth a
letter from the Colonial Office incloving a
ho a Colonial Ordinance W. q. equally
Copy of
pased by Sir Henry Pottinger ; that this Ordinance W. 9 differs,
by
as we shall perceive
the enclosed Paper macked so it from
the previous Ordinance br. 4 already offroved
by as, principally
in its being applied to
"All Persons within the Colony of Honghong "
The Parl of Aberdeen 17
maleat
Le
صح
シ
I
T
initiad of generally to "Her Majesty's Sabjects
hr. Addington is pleased to request
that we would consider this ordinance
209 & seport to your lordship
our
opinion
whether it would be proper that this for?
should sanction the same.
In obedience to your Lordships Commands We have considered the Ordinance in Question & have the honour
to report that we are of opinion, that it would be proper that the same should
be sanctioned
by
HM's God..
We have &
(Signed) Hodson
Wto Sollett
Fred Thesiger.
261
sh
To thin
Respond from the Br of Frade
6~070
чо
this subject?
sufferre that the Brich Frade or be
to expedite their Referat ?
X
LOS
:
W. 24
B. Plephen Ege
Oct-16
By
1794 Hongkong
RECLA
OCT:
Sir.
14
Foreign Office,
I am directed by
262
Actatier 19.1844
ļ
The Parl
herewith,
of
Aberdeen to transmit to you
for the information of Lord Starley.
betuart
directing
the instruction to Mr. Bairs
him to cerke
aw
any Commissions
which might have been issued by his
predecessor to any
persons other than
Majesty's Consular Servants, empowering
them to act at Magistrates.
trates in the
Chinese Cominions, referred to in l
bavis's despatete to Lowostante of
6. of July of
which alopy
и
す
the
inclosed
INDEX.
fas
in
уги
lette of gesterday.
I am, Sir,
humble servant.
Lansing
炙
In 1794 Hang Kong, 263
intrert of a despalet from
The Earb
of
Aberdeen to W. Davis, Zu 24, March 5. B4.
In order to prevent
any
doubt working
as to the right of Consuls to exenise pinsdiction
British dulgents
in China, Her Majesty will,
the
in
immediately after the ratifiations of Supplementary treaty, isso an Aden Cormeil under the Foreign priadiction bet
Ach
of the last sesion, by which that night wilt he conferred upon the fontals, hat considering
the unusual nature
of
the judicia
functions to be exercised by the British Author ket in China, the Majesty's feverement would not theike it adirsable to delegate authority of that description toperems not strictly and immediality under the control of the frown. Acordingly the only persons
who
NDEX.
who
be allowed to act magisterially
ш
the Chinese dominions,
are
the Consult,
persons in their absence
them under
The theef Superintendent; and if you
_ther persons have been commissioned
Kiefersals.
er
officiating por
"Warrant from under Warrant
should find,
find, on your
arrival in China, that
any
by you predecessor
Magistrates in the
will immediately
will
учи
it may
4
confer
predecessor as Magistrates
Cherriese dominions, you
reate their Commissions: and
further bear in mind that although
be found convenient at
are
both on the smouls and Vinsentals megaterial
powers,
those
1
the latter claps
але
only
the exnised in thist subordination to ther
dipersion afficer as long
са
he is present
within his distinct.
264
SUP
1
265
&
Land Shank
Je 2.1655
affiecare
king.
The
to this heller explains
to justify the your hotine allucked to 4. 1685. If
such sh. be your Lordcliff's ofinion presume tint que
Chanter
it to hd. Davis
will
メー
ان
RICE!
C.0.
མངསཔ.
266
Faeign office, alla spome
19.1844.
hos g. 31.41.
из
Siv,
With
Office of
Л
reference
ace
to the letters from this
the br of April 18263. and 26t
of
inclosing opics of inchuctions
Mank 1874. inclosing
/
to Mr Davis respecting purisdiction
Chinese in
The last of.
Hongkong,
over
I am directed by
Aberdeen to transmit
of Aberdeen
to
for the information of Lordslauley, Cupies
of
three despatches and
received
their inclosures
of
pom
Mr. Davis
manthy subject. Sam, bie
ames Stephen Ge
Jun, most obedient
humble servant.
in
that
Harring
DEX.
Forwarded by OCTA
MR h...
day 24
MEStephen 24
уду яку
797
بو
267
28 bet/4
4/4.
Steringleid before
Letter
M2 hope LordStanley |
25
of the 79: Instant enlig
Copies of there Despelites
from the fovernor f
Hayking infecting
Juridiction
Chinese
there, Sandwitiat
Rynest that you Wend the holy
Aberdeen that Lond Stanly sees no seson Loubt the Cornstuf
of the views entities Gardens in that that
چیه
:
يادة
}
f
1
268
DEX
:
sea
269
320th, Lord Stanley. In Für
been
be
чо
Can
-judge
eight. If such th? he
icated to Lord
The ins to be done.
this case
the decision of hd . (Davis
Lord licks opponcion
may 7
титр
suppore
perceive that
anything
Drip : N.G.
Not hw, 3.
My Lord,
FCEIVED
hiya
kray #Love
270
Government House Vieloin
Nong Ning - 2.3. Ellay 184.11.
RECORD
I have the hover to forwards to Four lordship the enclosed corespundenen, kolwer, this Acting Fieving of Cantar and myself with. reference to two acts of bropass but involving widely different degress of Criminalily committed by Linear and Europeons respectively against
each other. Enclosure No I was addressed, to prate
も
His Geellency in consequence of some person s
(not necessarily English ) having landed on the mainland opposite to this & Elony and strotted. about for some time, after which they rekerned. quietly to their boat and departed..
In
- my reply 18.2., I expressed my regret that such an irregularity should have
The Right Amerable,
The Tail of Aberdeen W. S
Ć
to
tre
been
been committed, but as there were several
American and other foreign bissels bying off the
of
kinese Coust at the lime, it was possible that, the offenders were otherwise than English; though. should any opportunity occur
of identifying them as Bulish Subjects Ishould not fail to laki-
proper notice of
them.
A most atrocious and barbarous cutray and pobbery of Ailitary sheasure having been committed near Checkche, the Military Stalia, on the Louth shue of this Colony by some piratical. Rinese, the particulars of which I had_ the honor to detail in my despatch of the 1" : "MMay, 125 to Lud Alante's adduss, Hock occasion of the Acling Viceroy's abovementioned Letter to brine the same to his Notice, in Enclosure Nes,
his assistance towards the
and do request
1:
discovery and punishment of the pirates. Both our Chef Police. Magistrate, and the Rinesa Authorities on the opposite short have
aff hended
271
the
apprehended persons under - circumstances of th... suspicion, though. I regret to say that nothing positive has yet been proveds. Should any of sho criminals be duly convicted, and condemned, be, the (hief Justine after his arrival, Ishall not fail
lo
ke
to %... Ke a terrible example of them; for Jams persunded that the amount of robben, with -violence which has hitherto prevailed. Among the hinese inhabitants of this Colony, stands in great need of it.
·
I this day received the enclosed reply Now from His Excellency the Sicevus, courteccely acknowledging my Seller, and exprising his determination to use the most offcctuals means the detection of the pirates - The Fread and other societies or combinations for the perpetration of crime, referred.
in
referred to imprez own letter and the Viccier: ". are known to exist largely not only in China but
h
hv
foreign Countries colonized by Kinest ; and as they firm at the root of all security both of
sinn
of-all
persas
ferson and properly, too much care cannot be.
tiveted towards their suppressin.
I have the hover lobe,
My Lord,
You arest Obedient,
Humble Servant,
n
A
71dair
and
272
Ching, Acting Governor General of Kranftung
Kwange, and Lieut: Reveries of
Governor Kwany hung, makes the following
dụng,
tu
communication
·
The Magistrate of Shuntik has fo-warded a report to the gentry of Gunghwei village which is under his jurisdiction to the following effect.
зла
On the morning of the 3rd Instant,
( 20th April) they perceived a boat secar the pier of the village, lying at Anchor in the river
four foreigners a
021
board of which were abom len native laitors. They immediately
went on shore, pntered the villages, and sauntered and locked about throust
the
streets and thoroughfares. From inquiries made by the said villagers amongst the sailors, it appends
that they had sailed from
Houghong, and gone there to look at the
&
{
environd
f
273
verons and had no other intentions. At
they
to
Noon
rred on board, and took their leave.
I Motore examined the
but ple sentory Greaty, and find it distinelly
рве
stated in the 6th Cirlicie, that English
Merchants ought not wantonly to go to
до
willages and 24-udes about at their pleasure,
Enlishmen who in de
and if any
defiance
of the protinition in this Treaty, fo of
their
is accord into the interior and wath to a
་ ;
distance
fraude, the inhabitants are allowed to seize and deliver Hem cvit to the Consul, that they may punished according to tireu stances and
, no matter of what rant or
ke
words to that
effect.
The
billage of Kunghwei
in the district of Muntik, belongs to the
interior, and is
than one hundred le
distant from Whampoa from any nati
do
fo
↑
And no Merchantmen
and anchor there, not
to traders from any country proceed there,
carry
there are
on commirce; yet all on a sudden
four foreigners who come there in a
boot, enter the village
and take a walk, which
is not in accordance with the existing Treaty.
And although the said gentry
A
in
were unable to
ale tain the names and surnames of the party, still as they
Came
from Hongkong there must
be Englishmen amongst them. I therefor
the Honorable Envoy to find out
18griest
You
in
and in
the people who of their own accord, defiance of the Treaty, walked at a distance
into the interior, and
- punish them according
wa
to circumstances as a warning for the future. will sufficiently evince your justice
Thus
༩ ༩་་
and equity.
•
This is the principal object of this
Communication which is addressed to His
Excellency, Her Britanie Majesty's
Plempatentiary, his Henry Pottinger Bart: G. E. B. yo. Yo.
Yanahuay
αρ
דדיד --
I
3rd
Thouniary, 24th year, 300 Month, 18th day,
Reed 9th May.
( 5th May, 1844)
True Franslation (Signed) Charles Subztaff
Chinese
decretary
Adam Musli
6748. Secret and
ans.
"
!
274
Government House, Vietinia,
(Hongkong) 13th May. 15hh
H
that any
In acknowledging the receipt of Wons. Excellency's Despatch of the 5th. indland, covering some persons who trespassed upon the territory of Shuntik, at the village called Runy-Kivi, I have to express my extreme regret
regret that foreigners should have been so thoughtless & to act in a manner contrary to the Treaty. It is satisfactory to find that they committed no act of injury to the inhabitas to while on show, and returned quietly on board. But ther
ari Inar
Mi
many foreigners in the Harber of Houghing besides English; there is,
is, m
the rest, a
large American thip of War; and the difficulty of proving that the foreigners in question toere His Eyeelleney,
Chine, Beting
Auglist
F
Wilfish is therefore considerable. I shall not fail to cause the said trespassers to be for sperly dealt with in the event of their discovery as English..
I regret, however, to
i n
that an
Day that
intrare involving crime of the deepest dye has been committed in this Colony, by a boat ful of thiness robbers from the territory of the Revangtung Province.
犨
There
men alltached a
boat with a Chinese tres, which was
conveying Government Treasure to the Military
Hot in at that choo on the night of the 12!
ivitant. When We boot was almost within
acach of its destination, the said robbers_
uched by surprise with their spears in great number upon the five English soldiers in thains of the Treasure, took then quit unprepared and succeeded in Killing
red,
Killing four and diving the fifth overboard. The whole
Amount of money on board, consisting of not
less than 12000
the Robbers.
came
Rupees, was carried of 275,
The Boat containing the Pirates from the Eapsing-
Noon
and was
svidently well informed of the transit of the Treasure. There were twenty men on board of her, all supposed to helory to the Triad Lociety, and after committing
R v k
M. Murde's
{
Bocca
they embarked on board two different boats, going in the direction of the Bown Tigris. The other returning in the direction of Macas. I have deferred until now making a representation of this atrocious case to Your Eqectlincy, with the hope that some olive night be obtained toward the discovery of the robbers. I have
how
only to request Your E seellency to use all the means and resources of your governs .
to
verns.
e. t to bring these miscreants
Is condign punishment, as the common
enemies
Y
both Chinese and
Europeans
Less
.. .. .
The Triad and other societies
or combinations for the perpetration of crimes have long been denounced
Government;
4: ajesty's
f je ili
4
、.༩༨༩
Pan
vor Ane
favor
by His Imperial
;
and if Your
with
any suggestions
by which I may be enabled to crush their
l
atte Sion
wire
-se in this Colony, they shall meet
with
my
earliest and most
diligent
I have 42
A
Ligz
Μ
!
Moul Copy
ив
J
Adam M Ehushi Offs Secretary
bang.
276
Ching, Acting Governos General of Kwangtury
Kevanzie,
and Mu
And
lient: Governor
of Kwanglung Ye, ye, sends the
following reply
On the 4th Rustant, ( 20th May) 8 ised a communication from you the How able Envoy with which I have made
Fasl
of Rome
i grell fully acquainted. The Fraigners foing & shout at Curghehen.
1
f
1
on
the uver, and can tig about, without ccating any disturtan, neither remaining Verse for any lew it of time, is inded ofscon in portance. But it is this is at variance with the existing Frenty
イイ
f t il we
five
Treaty,
Am
apprehensive
May in this instance
fellows fond of disturbance of every sration, will go on store to loiter about for their own pleasure, their numbers will daily increase, And the neighbouring gentry and he ple
!
!
I
སr----
****
: boring suspicion, will of their
2.
mmenel
own beerd
fighting with them, a. A it will
be difficult to prevent serious disturbances Not only shatt I' the Noting Governor be
b. xble to
hut ben
A
fuard against auch an occurrence,
You
the ho rable Envoy, will also find it difficult to investigate the matter.
c. à it
d it is on
may cases :) discussion might rise, this recount that ) the delig overnor addressed the Lonorable Envoy that you might from. Es to time restrain them
Governor
you
wanderi ; about ), and
ffron wanderi
to
во
S
about), and by No meand
go too far in the restrictions, but to preserve
·
fully with vigor the equating Treaty, that both foreigners as well
ers as well as natives
May
live in peace. You the honorable Envoy state your reply that there are many forcigners ' at Ho prong, besides
d
your own
people,
c. & that therefore it was very difficult to discover (the culprits) which is indeed t
fact.
You
ou
moreover mention that
277
you
will
not fail to punish them if found out, and wows to that effect, which shows that you the honorable Envoy manage matters with jurtice, which gives
freat joy.
me the Acting Governor
's Ne
and
It appears that some native monderers Lave dared to Go to sea in a vessel and have Killed four (five ? ) soldiers of your
hoverabi country, and have stolen twelve thousand ficees of kilver, which is indeed
against all law. We ought therefore to irumediately rieze and punish them with all severity, if they in reality belong to the Triad Society, ought to visit their exime according to law with 2ll greater rigor. the therefor incmediality addressed a flying despatch to all the Raval and Military Authorities who command in the neighbourhood, to make search for the lost
Navát
articles, and to hold out rewards in their
territory
We
1
1
there, will nee
there
territory to any informer, wriist adopting measures for the pursuit and sixzure of the inuerderers who must be taken. But if they are not seized within the prescribed period, the Mandarins in Office there, recording to the laws of the Central Empire, be severally dinonneed, and not have the slightest merey shown them. Whilst sending this previous reply, Phope that your happines will daily iver ne, and this is the principal object of
This comin
ication, addressed to, Her Britanie
Majesty's Meripote, bary Davis, Governor of Noughong, Commander of the Feroes, and
Luperinter, cent
of
Snoutway 24th.
Trade ye yo.
year,
4
1, the Month, 6th day 22th May, 1844.
Heer 25th May
True Translation
(Signed) Charles Gutzlaff Chinese Recretary
Youve Esty
Adam M Auslie :
Off & Jenntary
Copy
2:31.
My Lord,
Government House, Victoria,
Hongkong, June 25. 1844.
With reference to my despatch N.G.
concerning
the Chinese
278
engaged in the
piracy at (hek-chee, I have the honour to inclose a further correspondence
subject.
-
on
the same
On the 8th Instant I received a communic
means
: cation, of which Inclosure N. /. is a Translation, from keying, stating that every should be taken to apprehend and punish
the gang of pirater who had committed the murder and robbery at (hek-chu._ With a view to facilitate this great
object, (hintae, a Chinese who had
to his share in the transaction confessed
and The Earl of Aberdeen. K.T.
"
DEX
and given the names of nineteen accomplices, was sent over from Hongkong to be confronted with other accused Parties, and left there by rv: Sutzlaff (though without due authority) with the written afkurance of the Chinese officer that he should be returned to
Hongkong..
on
the 13th
At my conference with keying Instant, the subject was brought forward by
me
and on
my expressing my
with and
Expectation that the Criminal Chintal might be returned when he had given all
the
- testimony required for the conviction
of the other Parties, Wir Excellency immediately replied (out Gutzlaff being present) that he certainly should be sent back to thong.
Kong.
On
her
On the 23rd Instant Ireceived 279
a
Letter from keying, of which 2.2. is
a Translation, in which to
my surprise His Excellency deaurs to returning (hintae, and quotes the case of Dr McKinlay's murderers, where, the crime having been committed at a distance from Hongkong, the Criminals were also seized by Chinese Officers within Chinese Jurisdiction; whereas, in the Rek-chu piracy, the crime and the seizure
e
were all within British
th
Territory. _ He also quoter the Article of the Supplementary treaty, which applies in fact to Chinese
тількив
Refugees who might seek shelter
in
085
in blo
Hong Kong, after having committed
crimes against their own
This can have no
of Chintal.
Government.
reference to the case
Conceiving therefore that the non- -delivery of Chintae would be not
only a violation of the condition on
which he had been sent over, but
that it would also militate against
the
independent jurisdiction of this Colony, daddressed Inclosure 2:3. to 213
год
His Excellency keying, expressing my hope that he would adhere to the written communication of the officer at Kowloon, and to his own declaration
at
at the conference, by returning Chintal
280
when he had been instrumental &
the conviction of
nviction of the other Criminals. In it's connection with the Colony, Your Lordship will perhaps see fit & communicate this despatch to Lord Stanley.
I have the honour tobe, &
(signed)]) & Davis.
;
281
}
- חרזזי
4
Keying.
282
, a thember of the Imperial Elan, High Imperial Commissioner, Lovernor several of Kwangtung and
Kwanzse, sends the following reply.
iz
Ching, the Acting Governor of Hwangtung and Kwanges, transmitted the official Communication of you the honorable Envoy, in which it was stated that thinlar,
me o
of the leading pert :trators of the robbery of the money belonging to the British Government, and the murderer of the soldiers. had been apprehended, confersed on being interrogated,
, and fiven the names and
Abodes of his accomplices.
that before the receipt of you
the honorable
On
examining
this case, I find
report of these
Envoy's communication; a a
circumstances containing this information,
had been forwarded by the Commandant of
From
Copy
J. Dair's.
2.31.
June 25. 1844.
Victoria, Hong Kong,
3 Inclosures.
17
Yaeparg,
DEX.
I
it
FE pary, a dt. Majestrate of Howloos,
l
Suat Minister therefore
diately
to the Civil and Military Offers
sent riders to the Civil
in command there, to reize these ruffians
with the utmost severity,
haste and secrecy,
according to the names, surnames and abodes,
the confession. I have
as stated in the co
again,
of you
Now
on the receipt of the communication the honorable Envoy, given directions
to the said civil and Military Authorities to apprehend all the malefactors, and whilst
•
transmitting
this
reply
I wish
you daily
increasing happiness.
This is the principal object of the
communication,
His Excellency,
Her Britannic Majestijo Plenipotentiary,
Yove.
Gourmies of Hongkong,
Commander in Chief of the Forces.
Superintendent of Frode,
Devis.
Maoutin ang
Yaoukwang, 26th year, 4th Month, 2141283 16
6th June, 1844.)
Received June 8th
True Translation
11
( Ligned) Charies Gutzloff
Chinesi keeri ry
AdwM Gusher
Inclosure I'in despalch 31 17 1844.
284
Keying, High Imperial Commissioner, a
Member of the Imperial Elan, and Governor General of Kwangtung
yo
And
Kwangse, yo, Yo, Yo, sends the following communication
I received a report from thin, the Commandant of Tarpang, in which he observes, that he had received a communication
from the thief Magistrate of Houstong, Prine, to send back Chintal to Honghong who had licor. apprehended as one of the robbers and Murderess of the British Roldiers, that the said Criminal might be interrogated by Hon the Honorable Envoy ; whilst Lecretary Gubzlaff also stated the above verbally.
It appears that we at our
our meeting
board, discussed this matter with
you
the honorable Envoy. In the Supplementary
Treaty however, it is said, that if British
realim
From Merging
Murder at White. Pirates who committed the taken to capture the gang of
stating that uns should the
Merchants
DEX
285
Inerchants have any affairs that concern natives, the English Graders will be judged by a British Officer,
and Native Chinese
be proceeded against by the Contral Empire ( Mandarins ) . Hence both the cases of
and Work wan
yuk
K,
Panasze
last year! who had sobbed and killed soine English
Merchant / Doctor? ) and committed the
same crime as Chintal
and the late
}
were thus
managed,
Governor, Ke, passed sentence
and executed thein, which was communicated
to the late Envoy Pottinger,
Chistre
as is on record.
Chi tre the criminal ought therefore be dealt
may
with, and his case transacted according to the Greaty, so that be
be sent instantly to the Provincial City, and examined by the Judge ; and after having been delivered over to me the Great Minister, I may myself pass the sentence, and have him excuted.
Then I shall again submit a statement to
the
}
285
the consideration of You the Honorable Envoy, and this matter will thus be managed
property
Three
accomplices in this crime
have, according
to the riport
report of the Lacpang Commandant teen seized by the Heang show Magistrate, and two
, and two more been apprehended
by the Peanye Authorities. I' the Great Winister have in the men while given
urgent orders to the breal Military, and livil Officers, to seize with
Leverity
the
remainder,
agreeably to the list of their names and abodes; and the criminals will thus
successively be caught. The necessity therefore
of having this one villain Chintal, sent to Canton in order to be confronted and to
other suffians,
there
give evidence respecting the other su will be still greater; for then none of outlaws will be able to deny ( the charge) cunning by, the case will be eson settled,
And
DEX
and this injury redressed. You, the Honerable Envoy, will as I suppose, take the same view of this matter.
Whilst this bringing this affair
to the notice of You the Honorable Envoy,
that
Eaine.
you may order the Chief Magistrate
Secretary Gutzlaff to act in
and
accordance thereto, I avail
opportunity to wish
You
286
Government House, Victoria,
18th
Houstrong, 24th fine, 1866
I have had the honor to receive Your
unication concerning
Excellency's communication
Chintal and
beg to state in reply that the
was taken over to Kowloong by
wer was
myself of the
Raid prisoner
much happiness.
"This is the principal object of the
Communication addressed.
Y..
н
Her Bretannic Majestyo Plenipotendiary,
Governor of Hongkong, Commander
-in-Chief of the Fares, and Superintendent
이
Trade, Davis.
Frontwang, 24th year, 5th Mouth, bitte
6th
May
/ 21th June, 1844.)
Head 252 Jame
True Translation
(Signed) Charles Gutzlaff
Gru Copy Adam Mr. Punshi:
Chinele Zecretary
+
Mr. Qubzlaff to be confronted with the accused persons - Mr Gutzlaff, without
authority, left him in charge of the
Mandarin, Chin,
on
the
express condition
that he should be returned . Y possess the Official letter of the said Officer to the Chinese Secretary Entzlaff, stating thus the said prisoner
Chintal shall be returned to
your
" honorable Nation's Authorities to be examined
Je,
་
Your Execttency also declared expressly
in our co
ence that he should be
conference
His Excellency,
returned
Keying, biciroy, High Imperial Commiccions.
DEX
i
ཙཨུནཾ ཨ, &, E"M" ་
returned when he had proved the guilt of
the other criminals
Should he not be
-4
returned, the Gutzlaff will be involved in responsibility, at the same tire that faith will not be observed.
I therefore feet persuaded that Your : "veellency well fulfil the conditions
oner vas
on which the laid prisones Mt Gutzlaff
over to be
left by
and allow him to be sent
afain examined.
mwdered are
not the same
་
The case of the criminal who
•
English Boctor last yea
is
That criminal was taken
by Chinese Officers, and not at Honghong- Chintae's crime was committed at Houghoug against the English Govern est,
he
was
Paken by English Officers,
English Officers, and before
completed he
his examination was com
he was
left with the Officers at Kowloong on the
express
condition
of being retromed for
examination
cxamination: The object of the presen 787,
communication is to request that Chintal y be sent a when I : has given his b limony ofxinst the other parties, by
af which the principles of good forth will be illustrated, and harmony and friendship
ensured
+
with
many
wishes for Your
Speellency's happiness
I have Vr
Signed; 1 &
ان
Adanet Kinsler.
NDEX
885
Sheloture in despatch $1/1/1844-
izza
Copy
h:41.
My Lord,
I lose
Government House, Victoria", Hongkong - July 5.1844.
no
time in re
replying to your
288
Lordship's despatch he 30. of the 26th March, on the important subject of Juridiction
this Colony.. the Chinese of
over
Ipremise by remarking that the observations of Lord Stanley and of the
Law Officers of the (nown, inclosed in Your Lordship's Despatch h:54. of 1843., appear to me so unanswerable as & the practical imposibility of abandoning our jurisdiction over the Chinese of Hong kong, without converting the Sovereignty of
mere occupancy
The Earl of Aberdeen, K. J.
the Island into a
of th
that they might decide
the
hope that Chintai
Weller frens His Eye. Elem Davis to Rerzing expressing his
utuned.
be
DEX
884
the question as to maintaining even were our right less clear, or the
maintaining the (laim,
maintenance of it less rasy - than it is ._ To all that is there observed Imay add, that the following consequencer would insuitably result from the Chinese of Hongkong finding themselver subject to Mandarin instead of English durisdiction. In the first place,
sense
Pace, that
of security which leads them to colonize here, and which has already raised
адуча
the native population to about 20,000, would be altogether dispelled, and the best portion of the community would abandon the place. Another consequence
would
་་
289
would be more serious still; for seeing
that they
were
indipendent of our
tribunals, they would lose all that which is so necessary from the governed to their rulers, and the power
respect
of controlling them would be altogether paralyzed...
When coure of the Chinese Regotiators waged as an argument the unwillingness of the Chineses to be aceliget to English Rule, they
either strangely
were
ignorant of the inclinations of their
Countrymen,
or intended to draw
or
our simplicity. The People
largely on our
at (huxan, where no Chinese
no Chinese Officer
is allowed
дву
wed
us to appear, will
look
Des
look upon the restoration of that place
to their own
t
foot a
as the greatest mise
tine: and were I to propose
- fortune:
the
choice individually to every Chinese Inhabitant of Hong Kong, Ishould
look for
an unanimous result..
If I revert to the provisions of The Treatier, it appears that by the of the Treaty of Nanking The Island of Hongkong is "to be
3rd Article
Her
"posessed in perpetuity by "Britannick Majesty, Her Heirs and "Succefors, and to be governed by such уведомете Сухией "Laws and Regulations asther majesty
Thall see
fit to direct . _ The Chinese
if
290
if possible is still stronger - It is literally
" Forever to hold and guard the lordship,
Com
знать
and according to convenience establish
"Laws, govern, and regulate?
The 15th Article of the Supplementary
are to be
Treaty provides that debts from Chinese Inhabitants of Hongkong recovered by the English Courts of
Justice, which plainly admits that the English Law shall be supreme..
Your Lordship quoter the state = ament of Sir Henry Pottinger, that the Chinese Authorities had tacitly abandoned the claim of jurisdiction.
Such an abandonment on their
part could not be otherwise, for
they
}
IDEX
T
i
arrival
they dare not for their liver commit it to paper. A written concession of such a point is out of the question, but the virtual possession of the right and practice, on my ar in this Colony, is proved by list of 94 Prisoners in the dail, moch of them Chinese, sentenced (for crimes of all grader from Piracy
the inclosed
down to theft) to punishments of
шикел
Leven
-years
various degrees from imprisonment, with flogging and hard labour, to the lowest penalty. Imay observe that for Piracy the
punishments
2.1.
ho 2
punishments are much too
light; and
291
that for the Chinese, instead of death, Ishould be disposed to adopt transportation
for life to our penal settlements, as a most powerful dissuasive from trimer of atrocious violence.
With reference to the Pirate (hintae, noticed in
case of the my
Despatch ho 31. of the 25th of June, I have received the inclosed from the Imperial Commissioner Keying, in which he altogether wader the
question of sending him back according
to the express agreement,
and observers that he will be
Executed with the other offenders._
Though
NDEX
t
-سم
Ses
Though the ends of justice will be
aqually answered, deannot but look
as a breach of good faith,
upon
this
and shall be more cautions than
Ever as to the delivery of prisoners
to the authorities on the mainland.
An attempt has been lately made, evidently for the capress purpose of trying my firmnesson this question of jurisdiction, and there is every presumption that the accused person is perfectly innocent.
An
application was some time since made to major faine, the Chief. magistrate by the Commandant at
Kowloon
Kowloon to send over a
292
a principal
Inhabitant of one of our Hongkong.
Villages,
дома
to be tried on an
accusation
of Piracy. As there was no widence the man, Major
Whatever against the man, (aine very properly represed & und
send
on
him, after arrest and examination, and referred the question to me.- Ireturned for answer that by the treaty an accused person could be delivered up only groof or admission of his quilt. This person moreover was not a refugee from the Chinese side, but an old Inhabitant of Houghing,
and
IDEX
ļ
CS
and Constable of a Village under British appointinent. He had lately received
а ниш
sum of money in compensation of land on which the cultivation of rice had been forbidden, and wouls appear their to have become obnoxious to false accusations. I have declared my willingness to deliver him up
on any fair presumption or proof of quilt; but his abandonment otherwise would be a final blow to that
confidence which the Chinese
ht to
Inhabitants of this (Colony ought feel in British protection. I therefore directed the inclosed reply to be sent by
Major
2.3.
Major Caine. -
A little
firmnest
293
at the commence =
estion at
- ment will put this question rest for ever, whereas undue concessions will only invite encroach. =ment, according to the well known character of the government with Whom we have to deal, and satirely
dextroy
our credit and claims to
rexpect in the eyer of our (hinese flonists.
I havets
ед
(signed) J. Z. Davis.
A...
294
།
.
Copy From
Жада Mr. Davis.
2:41.
3 Inclosures.
Victoria, HongKong,
July
5.1844.
NDEX
F
I
Victoria Lail, on 12 May, 184 295
Sentence.
· Period of
Sentence yet to run 3. Im!
5 13
100 4 years Imp: h. 1. 2
1002
d..
5 13
Remarks.
1002 ic
100
1006
1006
1006
1006
513
13
"
ouths
22
34
"
341
1
34:
"
"
3
n
34
21 Sentenced by H. E. the Governot
21
الله
Do
tes
Return of Prisoners in
Ar
Na..
il
A
Country
Crime.
Bronze
1 Assung
Crina
Piracy
2. Ayee 3. Afock
po
Do
4
Thung
bo
be
D
100 2
5 Yeong Asho
Do
Being accessory to a theft-
6. Isoy Achur
مرا
7 Le Ase
5 Chun Alay
9
Chun
A fook.
مل
ملا
میرا
ملل
10 thun tuck.
11 Chun Aloons 12 Wong Aly 13 Wong Arow 14 Ho Ashing
bo
Theft
604
years
Leo
مول
ائل
ملل
Do
be
Be | Allerupt at Robbery & possessing house-bricki & implemento.
Theft
60 4
3
2
721
be
50 6 Months
15
Pang Awa 16. Laonz Achark
42
100
6
521
Le
1006
52
17. Soo Asut
18 Cheong Achow
ميل
متا
1006
55
10
i
without labor
55
19 Tai Alun.
bs
100 6
Imp: h.l.
6465
20 Bong
Wong Asam
21 Wong Ayou
23
Ing Poon.
22 Wong Achun
24 For Afack. 25 Chun Fookiting
ملا
مرا
مول
805
38
be
1006
Robbery
100 6
you
Loo
10016
مرا
میرا
Piracy
1006
100 per.
amnum during
confinement, Yo P. ip.sh.l. 5 years 19
么
bg
75
75
75
Lentenced by H. E. the Governi
!
}
3
i
26.01 Asun
Return of Prisoners in
ser
Name
Country
Crime
Chinese
Piracy
Le
be
be
be
27. Lum Ayou 28. Chaong A how 29. L: Amoon.
30 Kick Asco
311 Laong Stuck
32. Chow Atsut
53. Kwok Aching 34 Le Acqui 35, Loony Arze
dang 36 Loc Ahung 37 Chun Asun 35 th Alize 391 Ho Now
แป
40 Tung Aze
41 Seary Moon King 42: You Alsow
bo 110
19
10
110.
사용
Dr. Intent to steal
Theft
사이
Knowing the same to have been stole.. bo
ملا
10
190
Robbery
The
但
Possessing atolen property
3.
Lec
Theft
bo
you
Wars
Dr
110.
Robbery
br
48 Jung trans
D%
49. Jauns Asze
50
You Achaons
Do
ملل
51
Trung Leenching
Possessing stolen property knowing
the same to have been stolen.
43 Ang Ashing
44. Jung Poon
45 Yang Tai Wang.
46 Tsung Acharns
117
Oc Alook?
1
Strokes
Victoria Jail
Sentence
Beriod of
Sentence yet to rune
Y:
M.
d:
100 per annum diviing confinement & Emp: hl. 5 years. 44 9
on 19t May, 18441.
Remarks
296
lec
/10 49
bo /10 49
Sentenced by H. E. the Governor..
jo
Lo
br
110 4 9
bu
Lo
Dr. 44
2
41 9
Do
150
Ler 4 9
26
b
Do li q
40 / Months Imp: h.l.
to 4
SCA
406
100 1
"
1006
50 4
་་
80%
bo 3
602
603
30 11
100 6
1006
1006
-
100.6
1006
1006
་་
27
ך!
दा
35
"
"
103
IM
117
28
7
37
"
65
125
125
125
125
125
12.7
DEX
Return
Prisoners in
510
Name
|
Country
Crime.
Sendence
Strokes
Victoria Pocit
Penind of
Sentence
Yet to run.
On 12 May, 1844-
Beworks.
297
52 Low gut puy
Chinese Possessing boten property
Knowing the some to have been stolen.
100 6 Mouts bo chl
55
54
55 Chaong Akun
Lew Acharg Pronapah
Robbery
Mordrows
Chi Possessing stolen property knowing
the same to have been stolen
56 Le Arvon
Loc.
joo
10: 6
519
N
603
1006
127
131
48
"
50
135
་་
57
Churn Choong.
b.
110
503
20 3
57
58 Loo Njook
Lo
br
59 To Chrong Tow
L
Theft
60 Lum Ayo:
Robbery
1M b
57
$3 139
61 Jung Asun
10.0.
Burglary
62 Yso Aleen
110
63 To King hay
110
64 220 Aman
fo
管
1/20
65 320 Amny
leb
Yer Aprons
67 320 Asheen
68 Wong Atsut
0
Lo
cessary to above
110
110
Burglary
Leo
!ot pres Amum diving
confinement 4 years kupitil. 6 11 15 Sentenced by 4. E. the Governor
་
H.
Je
185
4 11 15
6 Months Emph.l.
153
6
155
de
b
153
de
153
do
153
jo.
し
b
100 par
during
confinement. & 3 years huphl. 2 11 2
69 Pang Aman
do: - Soo tipoe in
Lo
Lo
de
bo
/10
2 11
2
do: this case delivend
go:
70: Channy Asize
210
do
do
do
2 11 2
do: over to Chinese
71 Chum Akeen
افز
40
do
do
do
2 11 2
72
173
Lurn Alook
Tum Ayaong
21.0
b s
Lis
74 Young Akow
Theft
100 1 year Qrup: h.l.
bo 1 month
30 1
11 2
de-Authorities
do
1.
do
"
-
Crime
Return
ces
of Prisoners in
چاہوں
Name
Country
75
Yu Achamns 76 hiro Amail
Chinese
77
Law ilfor
100
78 Chry Apang
D
Theft.
Assault and Robbery
--
Intent to commit felony at night and assaulting and wounding a policeman
Theft
79 Salvador Lacrase - convicted of Murder and awaiting execution
Two loldiers confined under dentence of Court Martial ___
(a)
$2
jú
a
-Twelve prisoners concerned in an assault near the village
spear - This 94. John Bieman
man's life.
J
is not yet out of danger. Imprisoned on change of beastiality
i
Strokes
Sentence
Victoria Jail, on 12th Thay Blogg
80 / Monthis Imp: h l :
1006
-
"
120 for ammum during! confinement II years
lipp hl.
So 4 months Lup: R.A
of antence
of
Perind d of
Sentence Yet to un
89
1117
Remarks:
15. Lentenced by H. & the Governor
271
Wone nei choong during which one man was wounded
Yrne Copy
{
(Signed) Wlaine
Addr. M Emishe
with
INDEX
:
299
Alta de p
042
Inclosures I in despatch 14. 1 if18416
เ
300
Member
Reging, High Imperial Consumissioner, Manter
of the Imperial Clan, and Governes General of Nuanstung
and
Kwangse
answer
yo, yo yo, sends the following to a communication just received from your
the Honorable Er oy, referring to the cars. I/
ya
:
Chintal &c, 4+= (`ace dispatch, dated 20th
f.cat
#h June)
Berpeating the case of Chintar, I the
written
Inmister have already officially to You the Honorable Envoy, which desparte .
AJ
I believe has reached
you,
that he, as well
as several of his accomplices, who being
Aprehended, will be examined and executed
(by the Government) of the levtral Empire; but it is the fixed law of the Middle Kingdom, that the execution of the 28: 1rce after the
trial
of ordinary robbers, must stand over
that t. reply from the
until the
Board
day.
( of for nishments) arrive. As for
NDEX
Return
Jail on the 12th May 18444.
Fusmers in Vetoria
367
#. heinous crime of robbing and
open sex
in the
this can
and hi
Hitting
only
be bried after
having been bra en "ed to the Provincial
tity, and I the Governs, shall prosecute person,
and then
request
in
a death warrant
and have (the criminals) excuted
Chintal
ought therefor to wait until he is confronted with all the other offenders, and his evidence as authenticated, by the a vities that
jndeed hive
is
forwarded in detail to the
Provinciae fudze, who on having again
Virusticated the matter and found
und no
......
difference, will send the same to be examined
the the Governor in conjunction with the then the sentence for
Ecut: Governor
mor, and
evention wit be passed - This is the reason
: not having been immediat by punished. deeply grieved to hear of the
ar
bands of robbers wh. I we
repeatedly
`tted such extensive *: predations, and
Aney
301
they must be instantly seized with severity and rigidly hunished, in order to fucky the Country
Your Late sumunication does not
ristinelly state whether or not flanzehow
jeurs to l'a
i
ong, and whether it ouṛt
hong,
to be wider the jurisdiction of your honorable
Nation, or is situated outside the island
, and under the Government the Central Empire ? When I, the Great Minister went to Macas, I did not bring a hart with me,
that I have no
10
froot. I have therefore given orders to
Adinal lae to institute full
invest ation to seize with strictness and
this affair.
Ana
afe
Whilst sensing this previous
ication, I wish much
communication,
happiness,
of the
you
f
and this is the principal object
munitation & desed t.
F2**° !
His
seellency, Her Britannic Majesty's Plinipotentiary, Lovernor of Hongkong. Commander in Chief of the Forees and Superintendent of Grade, Davis
Frontwang 24th year, 5th month, 13th
Reed 124 July)
27th June, 1844
day,
True Translation (Signed) Charles Gutzlaff Chiness Secretary
True Copy Adam M Chisli.
302
}
Nietnia Menghions
Th
4" July 1844
I am directed. by His Excellency the
Governer &c., &c. to acknowledge. the neceipt of your communication which arrived yesterday. sin Kivong.
emverning the accused, persen. Alwing
"His Excellency, can only repeat that the IX. Artiole of the heaty expreply stipulates that. before an accused person. is delivered up, there.... must be proof or admision of his quilt". The accusation of the complainant is no proof whatever, and the prisoner has not made. any admission of his quilt. If any freef
"1
can.
be
afforded of
his
-un.
on
imputed offence, or any confession be obtained
- part, His Excellency will send the....
his
own
directly. To do so without these..
accused over dire
To the Commandant.
necessary
of Taepang Station, Chin
DEX
4.4.
Caz
ucessary conditions would be to violate the Treaty, and to forget his duty to his own horign.
It is highly neceping to observe that the Linutenant. Stan Keunfang in proceeding to
necessery
Tinglungehow to search and enquire without the of the Chief Magistrate acted in a
con Cuvienel
most, irregular
the
a.
manner. This Colony of Hongthing having been eeded to Her Britannic Majesty,
rights of British territory must be strictly quarded, and. His Envellency dems, it necessary to give previous notice that any Chinese inferior Officer coming in search of criminals without. of the British Authorities will
the
can currence
be considered as directly infringing the Treaty
With complements &.
I have the huner &c,
Signed) W. Caine
Inst. Copy Adamh Ehnehi
.
3
303
IDEX
LAGE
Inclosure I'm despatch 4.1 i 1844
besp : tfw. /2:57 -20 hotel)atter
Sir,
1956 Hongkon
1844
I am dicited
request that
you
Kong
204
Foreign Office, kovember 21. 15414.
by the Carl of Aberdeen to
Luiste
will acquaint Low Stanley that
Bishondship's attention has been directed to that
in
fordstenley's despatch to torbairt
the forlon
De
passage and the subject of
which a copy...
•
my
the
Conical Entenance Mt.
is inclosed in
ум
9.
letter of
yesbistag, wherein it is observed that the ands "ships and Khals
My.
under the tsritish Fle
synonymont
appear thave been used as "British Vafaels nairgalul according
may
A
to Law"..
in onder to
with
I doubt has suggested itself whether the pauline expression used in the ordinance
not have been complozed bring within ito provisions Repels not shilly British, although British owned and provided with a Sailing. Letter from the Gereonment of Hengking
Stephen Ge
The
IDEX
unless proved to be
ein Kering cannot be given up
at Kowloons stating that Nwng
William Laine to the Commandant. "nimunication from Glazer
juilly.
!
་
302
which
and the
the inclosed topics of the desputites
between this office Inperintendang in China in the
pasand
var 1842.,
ex
and of a report from the Queen's Acorrale, will show Lord Stanley that it
may desicable to direct Mr Dairs to empley tern which shall include Napels nairgated under such Sailing Sitters, equally with Bitial Repels navigated, in the stit
the expression, according
acceptation of
Low.
Jam, Sie,
you mostobedient.
humble servant,
Alle Addington.
b
15 Wine Charle
Immediate ing je, Mis hope 30 Nov
MrStephen
304
I have insected in the
4 page of thei Draft to
Mr Davis some words to meet the section of the & O. As the Buil
Smail go
on
Monday and dorsolanty,
with not be here after today, might drequest you to outo paps the Draft on for approne
from
44
TITT
عالم اليسارية البري
abonce.
'Sonor
家
DEX
305
23
as here described and
I have
вто
doubt that the case in
The prosored Repalihe to hd. Bains &.?? in altered
my
"
306
opy
つ
W. 1.
Myland,
Macas. 25 Febr. 1842.
I have the honor to forward to your
зия
Ladship copie; of my Leller, 4.9, of this
ошу date, to The Rt. Hon. The for. Gende of Sadie,
on the subject of "Sailing letter " for Veppets belonging to Bütech Subjects; and I shall be
which
glad to be honored witho
any
Commands
H: Mi Gort may
consider to be
Obe
necessary for
my further guidance -
I have to
(Signed) Henry Pottinger
The Earl of Aberdeen & T
Thetal
NDEX
307
L...
79%
Coppe 20.9
Macas. 25 Febr. 1842.
MyLords,
my
recent arrival from the horthward,
I have had several applications for " Protections
or
"Paper " from British Merchants residing
hese
イ
and at Hongkong for Vessels belonging to them, but which cannot be admitted of the privileges of British Ships dale registered & ravigated". I have therefore prepared a form of a "Sailing letter " which I propose to issue to ale such Vessels,
on
the
necessary proop being furnished, by the production of the Bete of Sale, that they are bona fide British Property, and I to myself the honor to forward herewith
а
Copy of the "Sailing Letter" and shale feel much obliged by your lordship favouring me with any suggestions that may occur to you upon it, as well as by your obtaining The Lord Alenborough.
For
I
EX
HOE
for me the opinion of the Law Offices of fort
at Fort William,
object in views.
as
to its efficacy toalidity for
Copier of this Letter & its inclosure with
the
be transmitted by a thip & tail in a
few
few days
for Bombay, & thelard of Aberdcow, for the
information & commands of H: Mis foot
I have si
(Signed) Henry Pottinger
Copy
XX
ômit
Sailing Letter.
308
To be renewed yearly, for the protection of thips aned by pintech babjects, but not entitled to the privileges of British Phips duly registered & havigated.
I _ St. Brit. M's Inperintendent of the Trade of Mounts Subjector in China, do gract this sailing Letter, as abooo designated, for
авто
the use & ravigation of the thep or befiel
whereof
and whereof
is at present master,
owner; and
1 hereby
make known to all It. But his Public
Authorities appointed to reside abroad, and
also to all other
Officers
m
-her-raid Mys
service both civil & military, and also to the several constituted Authis en Foreign fouatuer, that the said ship or Vessel
in the property off the protection of
of a British Subject;
and
(that the is therefore entitled, under
the Laws of England [ basume the
Beatisk
!
DEX,
+
British Flag in all her voyages, and to
as a
claim the protection of that Pag national destinction in all matters relating to the rights of property but I do, at the same time, make known that by this sailing Letter, there are
given to the raid Vepel no sights of trade or navigation which are by the Laws of Sagland confined to British Ships properly so called, and provided with certificates of Pritick regrity, which is the only legal evidence of their
title to that character; nor to exercis any privilege of trade or kavezatin which is by the laws of England confined to the Ships of any foreign Country owned and revigated by the subjects of rack Country. But, inasmuch as the Britit laws of
navigation
warezatia & regeitry do not preclude Bachel Brikch Subject
J
309
Inbjects from employing theps other than between Foreigh
registered this, in vogager
Countries, between which they trade, for in
certain other cases,
cases,... Otac i
this säiling Letter is
granted to the said sepel
that the
In order
may be daly protected as British roperty, while employed in any ofrack
unrestricted
And for the more
vogages. And for
certain identification of the said refuel,
for which this sailing Letter i granted,
I do hereby certify that the has decks, and _ marts: that her length, from the fore part of the main stem to the after part of her stern port abaft, is - feet English: her breadth at the broadest part is - feet Engleich; her depth of hold in _ English: That
the
DEX.
台
310
the in rigged
rigged as a stern, has. a-head
is my stern,
with
with a bows prit
quarter galleries; is _ built; has
with a rise
of - English to
the quarter deck; and that the measures
afloat _ according
to the mode of
6
admcasariment prescribed bythe Britick bet 5th & 6th Will the 4th cap of, regulate the admeasurement of the tonnage of bardew of the merchant shipping of the baited kingdon, passed in the
year
635
In witness whereof, I have hereunto
Inbsorbed my name, & affixed my of affice, at _ this day of
in the year of our 2nd, 18-
L
Heal
(Signed) Henry Pottinger
Chef Sap of the Fouse of But: Fabjects in China.
[ or in his absence to be segued by the Deputy Pups. ]
1
Сорчо
7:2 ші
ingers
ал
I have had
under
Ineegn Oppie Inly 2. 1042
Febr
་
my consideration your despatch Chief Supt. N. 1, of the 25th of tetr. last, inclosing a form of Sailing Letter which you propose to isme to Repels owned by British Subjects, but not entitled to the privileges of British Ships duly regeitered and navigated; and I have to acquaint you
that when aquestion respecting Letters of this decripta issued was some years ago
not to
by H: Mit Consuls in the Pacific, under consideration, it was thought expedient invest in much Letters an express permission for the
Vessels to which they might be granted, to use the Brikik Haj.
I accordingly return to you " the Form inclosed - the in your despatch, altered so as to make it correspond
in that respect with the form settled at the time
with have the goodnes.
referred to; and you
to
exopt these amended form in all Sailing setters
4. Pottinger
which
DEX
have occasion
to
to issue after the
Copy
this
which you may receipt of this despatch.
I have communicated a copy of despatch to the President of the Board
the Board of contrionl for the information of the Governors fenerol of India, and also to the Lords
Comms of the homiralty.
I am to
(Signed) Aberdeen
Enghard,
Doctors commons. June 30. 1842.
311
I am honored with your hardships commands
signified in the Addington's Letter of the 14th Just, stating that he was directed to transmit to me a Despatch from tt. this Plenipotentiary in China on
H: the subject of sailing Letters which he proposer to great, for repels belonging to Britich subject although not entitled & Writech regrity; and to request that I would take the subject into consideration, & report to Courtadships my opinia thereupon.
In obedience to your Lordships commands ! have halen the subject into consideration, and
the form of the
have the honour to report that Jailing Letters
"
proposed to be granted for Vessels belonging
вы to British Subjects although not entitled to British Regeitey, appears to me to be correct and proper.
The Earl of Aberdeenky
It
·"7,--‛4,,------- -དགག
DEX.
SIF
It is right, however, to acquaint your hardship that in the year 1038 [ Sept. 3] when the form of Sailing Letters for refsels belonging skritih Subject in the Pacific becan was under for consideration, it was recommended by the
Lords of the homts to omit the miested
express permission to wear the British
all ex
of
Plage,
Their Lordships conceiving that this might legally be done in all cases wherein the Requity & Ravigation Laws, were not in any way infringed. It does not appear to me to
material Importance, whether
be of any
the clause as to the wearing the Hay be wicetect, or not, but perhaps your Ladship would think it right out of deference to sugestion of the Lords of the Admiralty
the
to direct its omission.
I have ve
(signed)
I Dodson
Rfd
2079 trong hàng
RECEIVED
DEC. 16 1944
Foreign office.
312
December. 14. 144.
I am directed by The Earl of Aberdeen to acknowledge the receipt of your Letter of the 12th Instant, transmitting, a (apy
вра
has
the steps
52, 22 Augh my of a Despatch which Lord Stanley
received from Int. Davis stating which he had taken with reference to
the erection of buildings by American and British Subjects, on the Cowloon Peninsula, and I am to acquaint you, in reply, for the information of Lord Stanley, that
Lnd
G. W. Hope Eng
se
A
- 12 pi
!
I
B
ни
€16 I
2e
And Aberdeen proposes toaddiess as despatch to Mr. Davis entirely approving
his proceedings
I am,
in this matter.
Sir,
four most obedient.
humble servant,
All Addington
This
313
:
#
A
ง
Сорга
Index
314
INDEX.
:
316
Foreign Office
and Canning ffom Arglo Chinese Collegey Apter of London
Mistry Sory for Loud for. -
19
کا
315
Consult directed to absten from interference with Musong puroricts.
SoMy Pollingers Commission acgovernor
a
Cory requested.
Mural dengton & Lily Mistry Societies in Chine, orels besprech
to For My Pollinger fur Lord Aberdeen
い
13 Allowances to Davis to prneed to Chima
as &Ms Plenipotentiary - Question:
as th
to full Salary finderte of enbartation
14 Seamen's Hospital, Conner to
Admiralty to be made, this office.
from
24 Ar Hanson for of Danish Postn
in 8. Indies to be recommended
to he foremor
26 Ift Juste to for Paves for makin
over
Koolangsoo to China
Men Gross avis Justus as Menipotentiary Ahief Supermitent are sent.
Recovery of Rebts contracted by
British with bluveté
under Treaty.
INDEX
هست
DIF
Mar
Foreign Office continued .
13ten Salaries of Colonial Estatt, Rate of exchange at which they should be pard
25 Chylo Chinese College at Malacca
Grant to be transferred to the Morrison Education Society.
26 Chinese Murder, you Paris to
be written to respg it.
30 for Manish Poss" in the hides, Was his appon for untroduction
to the Governor complied with Lope Leppy Karty 8 Och 1843, cult
Printed copies.
6 Chief Justices pervers information to
be fumushed for Lawn Officers.
over
20 Civil Criminal prorisdiction
British Subjects in China-Order in Conncil sent for opinion
22 De _ alterations proposed by the
Law Officers in O in Council.
4th Consider furisdiction, ouny Lord
Aberdeens Instructions
transmetting Order in Council.
316 END.
Foreign Office conturned. 248.
July huggests that all persons in the Public Service
be enjoined trespect the usages & Institutions of thince. Must Conviction of Lacrose Salvador, reported
in Der Pottingers Desp: hr 52.
I.
Jeffs Secondary Punishment in beer of Recusportation, Linds despatch to Governor. 24/fr Macas, Dippo from for #Pollinger 50d Ordinance MG, foruction given to
Potterger
14 Commission phalace Retructions
4 for Davis respecting.
Jurisdiction, leffion for Ravis
Mus 9,31 834
This
Whor Oromance Ing to restrain
persons trading in China to the
Northward
پر
the 32 Degrew M. L.
of the
14. Dew Erection of Buildings in Coroloon
For proceedings approved.
}
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